1. Till date no notice has been issued in this contempt petition.
2. On 24.05.2019, the following order was passed:-
"Learned counsel for the petitioner is directed to file memo of appeal pending before the Judge, Small Cause Court, Lucknow and entire proceedings of the appeal from 31.05.2011 within two weeks."
3. On 17.07.2019, learned counsel for the petitioner, Mr. J.P. Mathur sought adjournment on the ground of his ill-health.
4. This Court hoping that the counsel for the petitioner would get well soon in the meantime adjourned the matter to be listed today 'peremptorily'.
5. Again, counsel for the petitioner has sought adjournment on the ground of his ill-health.
6. Since the matter was directed to be listed today 'peremptorily', it cannot be adjourned and is to be decided ex-parte.
7. In view of the above, the Court has taken itself to decide the matter even in absence of counsel for the petitioner.
8. This contempt petition has been field for alleged violation/non-compliance/defiance of the order dated 31.05.2011 passed by this Court in Writ Petition No.5320 (M/B) of 2011, which, on reproduction, reads as under:-
"Heard counsel for the petitioners Sri J.P. Mathur and Sri Shashi Prakash Singh for the respondents.
Petitioners' grievance is that though petitioners are charitable institutes and are entitled for exemption from house tax, yet assessment has been made against them and though appeal has been filed against the assessment which is pending before the Judge, Small Cause Court, the Nagar Nigam is proceeding to make recovery by adopting coercive methods. He further says that there is no provison under the Act to grant any stay order in the appeal.
Under the circumstances we dispose of the petition finally with the direction that till the decision of the pending appeal of the petitioners, recovery of the house tax shall not be made and the appeal be decided expeditiously,say, within a maximum period of three months from the date of receipt of a certified copy of this order."
9. The affidavit filed in support of the contempt petition is of seven paras, paras, 2 to 7 of which, on reproduction, read as under:-
"2.That the application, which is a registered Charitable Society being exempted and beyond purview of U.P. Municipal Corporation Act, 1959 from Assessment and Demand Property Tax under Section 177(b) of the Act, challenge the assessment and demand of property /house tax dated 1.3.2004 preferred to file statutory Appeal before the appropriate forum the Judge Small Causes Court at Lucknow being legally and arbitrary.
3. That since, the appellate court has no power to stay the assessment order and demand of tax the applicant thus had approached this Honb'ble Court by filing a writ petition vide writ petition no.5320 (M/B) of 2011 and the writ petition was disposed of on 31.5.2011 by the Hon'ble Court and looking into the fact of no liability of the applicant to pay property tax, passed order till "decision of pending appeal of the petitioner recovery of the house tax shall not be made". Annexure No. 1 true photocopy of the order dated 31.5.2011).
4. That the appeal is still pending before the Judge Small Court Lucknow is N.M. Appeal No. 11 of 2010. (Annexure No.2) true photocopy of the search application).
5. That the opposite party instead of information through representation submitted by the applicant to the Tax Superintendent of the Zone-8 in respect of demand of House Tax through letter dated 05.2.2019 and 26.2.2018 the opposite party raised demand through two bills of the House Tax and threaten the applicants for seizure of property and other coercive method. (Annexure No.3) true photocopy of the letter dated 1.3.2019 and reply of the letter dated 5.2.2019, 26.2.2019 and Annexure No.4 true photocopy of the demand letter dated 24.4.2019).
6. That on earlier occasion also the opposite party attempted to recover this tax and on apology and statement of obeying the order dated 31.5.2011 passed in writ petition no. 5320 (M/B) of 2011 the then Tax Superintendent was relieved by the Hon'ble Court from contempt proceeding.
7. That since, the opposite party willfully not obeying the order passed by the Hon'ble Court dated 31.5.2011 by initiating demand to deposit of House Tax the cause of action arose against the opposite party for present proceeding of contempt of Hon'ble Court arose on 24.4.2019."
10. This Court vide order dated 24.05.2019 directed the petitioner to file memo of appeal, pending before the Judge, Small Causes Court, Lucknow and entire proceedings of the appeal from 31.05.2011 within two weeks, which has not been complied with till date.
11. In view of the above, this contempt petition is dismissed.
[Dinesh Kumar Singh,J.] Order Date :- 26.7.2019 MVS/-