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TMI Blog2019 (11) TMI 1707X X X X Extracts X X X X X X X X Extracts X X X X ..... 019. The Competent Authority/Respondent No. 2 is directed to decide the application moved by the petitioner on 22.10.2019, keeping in view the fact that the money deposited by the petitioner in pursuance of the interim order dated 25.07.2006 passed by this Court and subsequently, the writ petition was allowed by this Court vide judgment and order dated 10.04.2017, thereby setting-aside the impugned demand - Application allowed. - Misc. Bench No. 4493 of 2006 - - - Dated:- 6-11-2019 - Anil Kumar And Saurabh Lavania, JJ. Counsel for Petitioner :- Alok Mathur,Ishita Yadu,Niraj Gupta Counsel for Respondent :- C.S.C. ORDER Saurabh Lavania, J. Heard Sri Anil Tewari, learned Senior Advocate, assisted by Sri Niraj Gup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order was passed by this Court, which reads as under:- A short counter-affidavit filed by the State is placed on record. We have heard Sri Rakesh Dwivedi, Senior Advocate, for the petitioner, assisted by Sri Alok Mathur and Sri Gaurav Bhatia and Sri J.N. Mathur, Additional Advocate General for the State. Sri J.N. Mathur's plea that the petitioner has a remedy to approach the State Govt. in revision, has been responded to, by the counsel for the petitioner by urging that firstly, the State Govt. has itself issued the directive for levying and realizing the duty and, secondly, the petitioner has also challenged the applicability of the Rule for realization of the duty and, therefore, once the State Govt. has issued the dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter, vide judgment and order dated 10.04.2017, the instant writ petition was allowed, with the following observations:- 30. On the contrary, various authorities from time to time, who have visited site, have clearly reported that there was no apparent negligence on the part of petitioner. The incident was nothing but an act of God. When a fiscal liability is founded on certain condition precedent, i.e. negligent on the part of the person whom we have to hold responsible, then no responsibility can be fixed unless such negligence is shown to be founded on the basis of some material. Factum that building was old or the wirings were old have pointed out to be dangerous or prone to fire either by Electricity Department or Fire Departmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to secure the interest of the respondents in the event the respondents succeed in the writ petition. 8. That admittedly it is the Petitioner, who has succeeded in the writ petition and the impugned demand has been held illegal and unjustified by this Hon'ble Court. However, the Respondents did not refund/adjust the said money. Thus, the Petitioner herein had filed an application being Civil Miscellaneous Application No. 89845 of 2017 on 30.08.2017 thereby seeking similar reliefs. 9. That the prayer clause of the aforementioned application suffers from some defects therefore the pe titioner has been advised to not press the said application, with liberty to move a fresh application and file a fresh application. Sri Anil Tew ..... X X X X Extracts X X X X X X X X Extracts X X X X
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