THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No. 10442 of 2001
DATED:23.7.2014 Between:
Bheemraj Mundade, Karimnagar.
And The Municipal Council, Karimnagar through its Commissioner in Office, Karimnagar.
… Petitioner ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No. 10442 of 2001
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed alleging orally a demand has been made for payment of tax for the period from 1.4.1983 to 31.3.2001.
We are of the view that on the basis of the oral demand, the writ petition should not have been filed, without waiting for the written demand as no cause of action arises, until and unless the written demand is made. Hence, this Court cannot entertain the writ petition.
We, therefore, close the writ petition directing the respondent to proceed in accordance with law and the money deposited by the petitioner will be adjusted against the future demand, which will be raised.
The miscellaneous applications, if any pending, shall also stand closed. No costs.
K.J. SENGUPTA, CJ 23rd July, 2014 SANJAY KUMAR, J pnb