1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH NAGPUR. WRIT PETITION NO. 3231 OF 2010 Chandrabhaga Domaji Awale, aged 56 yrs., Occu. Housewife, R/o Bokhara, Post Godhani (Rly), Tah. & Distt. Nagpur. PETITIONER. VERSUS 1] Divisional Commissioner, Nagpur Division Nagpur. 2] The Additional Collector Nagpur. 3] The Tahsildar, Gramin, Distt. Nagpur. 4] Grampanchayat Bokhara, Tah. & Distt. Nagpur, through its Secretary. 5] Girijabai Sheshrao Awale, R/o Bokhara, post Godhani, (Rly), Tah. & Distt. Nagpur. RESPONDENTS. 2 Shri. A. S. Kilor, Counsel for the petitioner. Smt. K. R. Deshpande AGP, for the respondents 1 to 3. Shri B. N. Mohta, Counsel for respondent 4. Shri Sharma Counsel for respondent 5. CORAM: B. P. DHARMADHIKARI J. Date: 8th SEPTEMBER 2010. ORAL JUDGMENT: Matter is to be heard finally and has been adjourned on earlier occasions. 2] Action for disqualification of petitioner was initiated on complaint that petitioner has not paid property tax for the year 2007-08 within time. Divisional Commissioner in appeal on 26th September 2008 found that payment has been made within the stipulated time from last date prescribed and therefore petitioner was not disqualified for not paying property tax for the year 2007-08. The Commissioner then found that arrears of property tax for the year 2007-08 and 2004-05 were not paid within time, hence petitioner was declared disqualified. 3] This Court in Writ Petition no. 4431 of 2008 on 13th 3 October 2008 maintained the finding of Commissioner insofar as period 2007-08 is concerned. As for period 2002-03 and 2004-05, the petitioner had no notice and opportunity, matter was remanded back. 4] After remand an order disqualifying the petitioner was again passed and it was challenged in Writ Petition in 5438 of 2009. That writ petition was allowed on 9th February 2010 with directions to authorities to give proper opportunity to petitioner about his grievance of fabrication of copies of bills having No. 89 for the year 2002-03 and having no. 93 for the year 2004-05. The impugned orders are passed thereafter. 5] In impugned order the Divisional Commissioner Nagpur has found that the payment for the year 2007-08 was made on 2nd November 2008 i.e. after lapse of 178 days and therefore has found petitioner disqualified. 6] it is apparent that issue in relation to year 2007-08 was closed finally because of judgment of this Court dated 13th October 2008. The said finding of Divisional Commissioner therefore is unsustainable. 4 7] Respective counsel for respondents i.e. learned AGP, Shri Parchure and Shri Mohta have tried to contend that in the very same bill for the year 2007-08 the demand for earlier years was also contained and that amount has been paid on 2nd November 2008. According to Shri Kilor learned counsel for petitioner, entire payment has been made on 2nd November 2007. 8] The first order of Additional Collector Nagpur dated 8th August 2008 shows that said bill was served on petitioner on 4th May 2007. It was for amount of Rs. 440/- and it was paid on 2nd November 2007. This order was not assailed by respondents. It is therefore obvious that payment of entire bill amount has been made in one stroke on 2nd November 2007. 9] As the learned counsel insisted that date 2nd November 2007 is incorrect, the records were verified and as already noted above the issue is also closed because of observation of this Court in Writ Petition No. 4431 of 2008 on 13th October 2008. It is not the case of the respondents that amount of same bill was cleared on two occasions i.e. once on 2nd November 2007 and then on 2nd November 2008. Payment on 2nd November 2008 could not have 5 formed subject of consideration in order of Additional Collector dated 8th August 2008 or of Divisional Commissioner dated 26th September 2008. 10] It is, therefore, apparent that the action taken by respondents in view of liberty granted by this Court on 13th October 2008 cannot result in any disqualification. The only period for which investigation was possible was 2002-03 and 2004-05. Impugned order of Divisional Commissioner holds petitioner disqualified for clearing that amount on 2nd November 2008. Finding is perverse. Writ Petition is therefore allowed. Impugned order dated 30th June 2010 is hereby quashed and set aside. Rule made absolute. No costs. JUDGE svk