Aroon Purie v. Murari Lal Sharma & Ors.

Delhi High Court · 18 Sep 2018 · 2018:DHC:6071
Siddharth Mridul
CONT.CAS.(C) 711/2018
2018:DHC:6071
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the contempt petition alleging non-compliance of court directions on property tax assessment, directing fresh proceedings to be completed expeditiously with due opportunity to the petitioner.

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CONT.CAS.(C) 711/2018
#59 HIGH COURT OF DELHI
JUDGMENT
delivered on: 18.09.2018
CONT.CAS(C) 711/2018
AROON PURIE ..... Petitioner
versus
MURARI LAL SHARMA & ORS ..... Respondents Advocates who appeared in this case:
For the Petitioner : Mr. Kirti Uppal, Sr. Advocate and Mr. B.B. Gupta, Sr. Advocate with
Mr. Setu Niket, Mr. Puneet Jain, Ms. Esha Mazumdar and Mr. Saksham Ahuja, Advocates
For the Respondents : Mr. Arjun Mitra, Ms. Malvika Trivedi and Ms. Jaskaran Kaur, Advocates for R-1 to R-3
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
CM APPL.38283/2018 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
2018:DHC:6071
CONT.CAS.(C) 711/2018 & CM APPL.38282/2018 (Interim Relief)

1. The present petition under Section 10 of the Contempt of Courts Act, 1971 has been instituted on behalf of the petitioner, praying as follows:-

“A. Summon and punish the respondents/Contemnors for wilful disobedience of the order dated 22.08.2017 in W.P.(C) No.7190 of 2017 passed by this Hon’ble Court;
B. Any other or further order or direction which this

Hon’ble Court may deem fit and proper in the facts and circumstances of the case be passed/issued in favour of the petitioner and against the respondents.”

2. Mr. Kirti Uppal and Mr. B.B. Gupta, learned Senior Counsel appearing on behalf of the petitioner, on instructions state that, they are in occupation of property bearing No.K-9, Connaught Place, New Delhi and are aggrieved by the circumstance that, despite directions issued by this Court vide order dated 22.08.2018 in W.P.(C) 7190/2017, titled as ‘Aroon Purie vs. New Delhi Municipal Council & Anr.’, the respondents have willfully violated the same by issuing a property tax bill without passing a fresh assessment order in this behalf.

3. Mr. Arjun Mitra, learned counsel appearing on behalf of New Delhi Municipal Council states that, in compliance with the directions of this Court vide the said order dated 27.08.2018, fresh proceedings in relation to the petitioner’s property is currently underway and that, the competent authority i.e. the Joint Director (Tax), shall determine the same, in accordance with law, after affording adequate opportunity to the petitioner of being heard, expeditiously and preferably within a period of two months from today.

4. Directed accordingly.

5. With the above directions, the contempt petition is disposed of. The pending application also stands disposed of.

6. Needless to state that, the competent authority shall determine the assessment of tax, without granting any unwarranted adjournments to the parties.

SIDDHARTH MRIDUL (JUDGE) SEPTEMBER 18, 2018 dn