IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 16467 of 2009 Date of Decision: 28.10.2009. Food Corporation of India --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. H.P. Verma, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) The petitioner has challenged the order dated 27.9.2001 passed by the House Tax Committee of the Municipal Council, Batala imposing the revised house tax upon the property of the petitioner. Earlier the petitioner had preferred an appeal before the Appellate Authority. The said appeal was dismissed by the Addl. Deputy Commissioner, Gurdaspur vide order dated 10.4.2003 on account of pendency of issue regarding the vires of certain provisions of amended Municipal Act, 1994 i.e. Section 67-A before the Hon'ble Supreme Court. However, from the order passed by the Appellate Authority, it appears that the Appellate Authority has dismissed the appeal sine die. It does not make any sense. It is not clear whether the appeal was adjourned sine die or dismissed. Learned counsel for the petitioner seeks to withdraw this petition with the liberty to seek revival of the appeal by making an appropriate application, in view of the disposal of the SLP by Hon'ble Supreme Court. CWP. No. 16467 of 2009 -2- In view of the above, petitioner is at liberty to approach the Appellate Authority for revival of the appeal and seek appropriate direction from the Appellate Authority. This petition is accordingly dismissed as withdrawn with the liberty as prayed for. Needless to say that the Appellate Authority will consider the question of limitation in view of its earlier order and the circumstances, mentioned in the writ petition or that may be projected in the application for revival. (PERMOD KOHLI) JUDGE 28.10.2009 lucky