SARDAR GURBACHAN SINGH AND ORS. Vs. MUNICIPAL BOARD, AMROHA AND ORS.
LAWS(ALL)-1980-1-122
HIGH COURT OF ALLAHABAD
Decided on January 09,1980

Sardar Gurbachan Singh And Ors. Appellant
VERSUS
Municipal Board, Amroha And Ors. Respondents

JUDGEMENT

Satish Chandra, C.J. - (1.)The petitioners challenge the levy of water tax by the Municipal Board, Amroha.
(2.)Learned counsel appearing for the petitioners submitted that the levy was invalid because the resolution required to be passed under Sec. 134(2) of the U.P. Municipalities Act, 1916 was not valid. That provision requires a special resolution by which the imposition of the tax be directed with effect Lorn a date to be specified in that resolution. The allegation-is that the Municipal Board passed an ordinary resolution. In paragraph 9 of,the counter-affidavit it has been denied. There it has been stated that the resolution passed on 25-2-1961 was a special resolution. It was passed after giving previous notice and 23 out 30 members were prevent in the meeting. The resolution was passed by all the members present. I his clear averment has been sought to be confused in the re-joinder affidavit. In paragraph 6 it has been stated that the quorum sheet has not been tiled nor names of the members present in the meeting have been mentioned. The petitioners could have inspected the records with the Municipal Board to ascertain these facts. In any event they could have summoned these documents. We are not satisfied that the point has been made out. The acts are, to say the least, in dispute. It is well settled that relief cannot be given under Art. 226 of the Constitution on basis of disputed facts.
(3.)No other point is being pressed.
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