LexP.N. KUMAR AND ANOTHER versus MUNICIPAL CORPORATION OF DELHI
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
A
P.N. KUMAR AND ANOTHER
v.
MUNICIPAL CORPORATION OF DELHI
NOVEMBER 2, 1987
B
[E.S. VENKATARAMIAH AND K.N. SINGH, JJ.]
~
Order issued by the Deputy Assessor and Collector ~!Assessment
and Collection Department of the Municipal Corporation of Delhi for
payment of a composite amount of property tax, fire tax, water tax,
scavenging tax and education tax-A writ of certiorari in respect thereof.
c
The Deputy Assessor and Collector of the Assessment and CoUec· )
tion Department of the Municipal Corporation of Delhi, issued an order
to the petitioners, demanding payment of Rs.14,07,328 as composite
arrears of the property tax, fire tax, water tax, scavenging tax and
education tax. The petitioners moved this Court under Article 32 of the
D Constitution for the issuance of a writ of certiorari, quashing the
demand order.
Disposing of the Writ Petition, without expressing any opinion on
the merits of the case, and allowing liberty to the petitioners to file, if so
advised, a writ petition before the High Court under Article 226 of the
E {:onstitution, the Court,
,,..
HELD: The scope of the powers of the High Courts under Article
226 of the Constitution is wider than the scope of the powers of this
Court under Article 32 of the Constitution. The relief prayed for in the
petition is one which may be granted by the High Court. Any party
F aggrieved by the decision of the High Court can appeal to this Court.
J
That some case involving the same point of law is pending in this Court,
is no ground for this Court to entertain a petition, by-passing the High
~
Court. If the parties get relief in the High Court, they need not come to
this Court, and, to that extent, the burden on this Court is reduced.
This Court has no time today even to dispose of cases which have to be
G decided by it alone. A large number of cases have been pending in this
Court for ten to fifteen years. If no fresh cases are filed in this Court
thereafter, this Court, with its present strength of Judges, may take
more than 15 years to dispose of all the pending cases. If the cases,
which can be filed in the High Courts, are filed there and not in this
.)._
Court, the work of this Court in its Original Jurisdiction, which is a
H time consuming process, can be avoided, and the time saved by this
732
~--
P.N. KUMAR v. M.C.D.
733
Court by not entertaining the case which may be filed in the High
Courts, can be utilized to dispose of the old matters. [734E-H; 735A-E]
A
This Court will also have the benefit of the decisions of the High
Courts when it deals with an appeal against such a decision. The High
Courts have judges of eminence, who have initiative, skill and
enthusiasm. Their capacity should be harnessed to deal with every type
B
of cases, arising from their respective areas, which they are competent
to dispose of. If the cases, which may be filed in the High Courts are
filed in this Court, this will affect the initiative of the High Courts. The
dignity, majesty and efficiency of the High Courts shoulil be preserved.
The taking over by this Court of the work which the High Courts can
handle, may undermine the capacity and efficiency of the High Courts,
which should be avoided. [735E-F]
C
The hearing of a case at the level of a High Court is also more
convenient from several angles and will be cheaper to the parties. That
saves a lot of time too. It is easier for the clients to give instructions to
the lawyers. There are eminent lawyers practising in the High Courts, D
with wide experience in handling different kinds of cases. The lawyers
there are fully aware of every legislation in their States. [734Gl
ORIGINAL JURISDICTION: Civil Miscellaneous Petition
No. 8678 of 1986.
IN
Writ Petition No. 9144 of 1983.
(Under Article 32 of the Constitution of India)
G. Vishwanath Iyer, M.K.D. Namboodry and S. Balakrishnan
for the Petitioners.
R.B. Datar and V.B. Saharya for the Respondent.
The following Order of the Court was delivered:
ORDER
E
F
G
In this Writ Petition the petitioners have prayed for the issue of a
writ in the nature of certiorari or any other appropriate order or direc-
tion quashing the order No. Tax/HQ/Spl. Cell/83-1948 dated 4-8-1983
H
734
SUPREME COURT REPORTS
[ 1988] I S.C.R.
A issued by the Deputy .'\,ssessor and Collector of the Assessment and
~
Collection Department of the Municipal Corporation of Delhi fixing
the rateable value of the property. of the petitioneExcerpt shown. Read the full judgment & AI analysis in Lexace.