IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP 1958/2009 Date of Decision: 19.8.2009. M/s Hotel Maharaja Palace ..........Petitioner Versus Municipal Council,Hoshiarpur ..........Respondent CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Animesh Sharma,Advocate for the petitioner. Mr.Piyush Kant Jain,Addl.AG Punjab Mr.CM Sharma,Advocate for respondent Municipal Council Hoshiarpur. 1. Whether Reporters of local papers may be allowed to see the judgement ? 2. To be referred to the Reporter or not ? 3. Whether the judgement should be reported in the Digest ? M.M.KUMAR,J. In pursuance of order dated 5.8.2009, Mr.Ramesh Kumar, Executive Officer, Municipal Council, Hoshiarpur is present in Court with record. We have heard learned counsel for the parties at length. There is a serious dispute on the question as to whether in the order of assessment passed on 22.2.2008 assessing the building on CWP 1958/2009 2 the basis of net annual valuation for Rs.9,03,411/- and then bifurcating the amount between two buildings namely Maharaja Hotel and Maharaja Marriage Palace by assigning them different property numbers namely B-III 163 and B-III 163-A. It is further asserted that appeal against the aforesaid order was filed before the Deputy Commissioner, which was held not maintainable on account of non- deposit of amount of house tax. Mr.Animesh Sharma, learned counsel for the petitioner has insisted that the order dated 22.2.2008 is a fabricated document. He has disputed on instructions even the earlier bills depositing the amount of house tax in respect of same building. Since the parties are taking divergent stand on facts, we feel that the proper remedy for the petitioner would be to file a civil suit. The disputed question of facts cannot be gone into a writ petition filed under Article 226 of the Constitution and a civil suit would be more appropriate remedy for the purpose. Accordingly, the petitioner is relegated to the remedy of filing civil suit. (M.M.Kumar) Judge 19.8.2009 (Jaswant Singh) joshi Judge