MUNICIPAL COMMITTEE, BATHINDA Vs. THE PUNJAB STATE CO-OPERATIVE MILK PRODUCERS FEDERATION LTD. AND ANOTHER
LAWS(P&H)-2011-11-221
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 18,2011

Municipal Committee, Bathinda Appellant
VERSUS
The Punjab State Co -Operative Milk Producers Federation Ltd. And Another Respondents

JUDGEMENT

Ritu Bahri, J. - (1.) THIS judgment shall dispose of R.S.A. Nos. 1711 of 1987 and 54 of 1986 as controversy is same in both the appeals. For the sake of convenience, facts have been extracted from R.S.A. No. 1711 of 1987.
(2.) CHALLENGE is to the notification dated 20.11.1974 issued under Section 5(3) of the Punjab Municipal Act, 1911 whereby the order dated 29.3.1979 has been passed by the Administrative Municipal Committee for recovery of house tax from the Plaintiff. Counsel for the Respondent had filed a civil suit challenging the notification and restraining the Defendants from recovering the house tax. This suit has been decreed by concurrent judgment dated 18.2.1984 passed by the Sub Judge III Class, Bhatinda, and judgment dated 8.8.1985 passed by the Additional District Judge (II), Bhatinda.
(3.) BOTH the Courts have held that the notification dated 20.11.1974 by which the Plaintiff's Milk Plant was included in the Municipal Limits is illegal and void.;


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