1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3309/2010 ( N.M.C., through its Municipal Commissioner & another -: VERSUS :- A.P.M.C., Nagpur ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri J.B. Kasat, Adv. for petitioners. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 28, 2010. The petitioner is a Local Authority and respondent A.P.M.C. filed S.C.S. No.187/2001 challenging its jurisdiction to assess the levy - property tax on properties in its market yard. In that suit, temporary injunction is operating against the petitioners. The petitioners filed an application under section 9-A in that matter on 1/1/2010 pointing out provisions of section 169 of City of Nagpur Corporation Act, 1948 alleging that levy and assessment of property tax can be questioned only in manner stipulated in sections 128, 130 and 164 thereof. The Appellate Court has framed an additional issue in this respect but has refused to decide it as preliminary issue after noticing that an interim order is operating since long and the suit is old one. In this view of matter and as respondent has questioned very locus of petitioners to assess and levy the tax, I am not inclined to 2 interfere in the writ jurisdiction. However, proceedings in civil suit are expedited and Trial Court is directed to decide the same as early as possible and in any case by 31st of January 2011. The petitioners/plaintiffs to communicate this order by filing appropriate affidavit before the Trial Court. JUDGE Tambaskar.