Petitioner has approached this Court alleging refusal on the part of the 3rd respondent in accepting land tax with reference to his property situated in Re-survey No.165/13. The land tax was being paid for quite a long time. When there was partition between the members of the family on the basis of information received from the Village Office they have included Survey No.165/12 as also among the properties available with them for partition.
2. Ext.P4 is the tax receipt dated 27/10/2012 with reference to the entire property coming under Survey No.165/2013. When the petitioner wanted to pay tax for the subsequent year, this clarification was sought for.
3. Learned Government Pleader, on instructions, would submit that the extent of property involved in Re-survey No.165/12 is 1.45 Ares. Therefore the dispute is W.P.C.No.9746/2014 2 only with reference to the said extent of land. Apparently, there may not be any objection to the revenue authorities to receive tax for the balance extent of land available in Survey No.165/13. As far as Re-Sy.No.165/12 is concerned, necessary corrections are to be made in the village records depending upon the factual situation involved in the matter which the petitioner is entitled to do, in accordance with the procedure prescribed. As matters stand now, since the petitioner’s title is very clear with reference to the property covered by Re-Survey No.165/13, 3rd respondent is liable to receive tax after excluding the property covered by Re-survey No.165/12 which is 1.45 Ares.
This writ petition is therefore disposed of with a direction to the 3rd respondent that necessary orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.9746/2014 3