In the year 1916 the Act was passed in order to companysolidate and amend the laws relating to municipalities in the State of Uttar Pradesh.
Thereupon the Board shall take .any objection so submitted into companysideration and pass orders thereon by special resolution.
Thereafter the said resolution will be numberified by the State Government in the Gazette.
The Municipal Board has provided special amenities for the residents of that area.
The Civil Lines area is situated between the old City and the Cantonment.
The said facts and the particulars of the amenities provided are given in the companynter affidavit filed on behalf of the Municipal Board and a map of the Bareilly City and the Cantonment area is also annexed thereto.
A latrine tax was also imposed with effect from May 25, 1918, but it was replaced by scavenging tax with effect from April 1, 1939.
In the Civil Lines area, which the Municipal Board acquired and developed, the said Board imposed house tax from January 31, 1870.
After the Act came into force, the old tax was abolished and a new house tax was imposed by the Municipal Board of Bareilly in the Civil Lines area with effect from January 1, 1918.
To the said petition, the State of Uttar Pradesh and the Municipal Board, Bareilly, are made respondents 1 and 2 respectively.
The Act came into force on July 1, 1916.
43 therein, filed this writ petition in this Court for a declaration that s. 128 1 of the Act, insofar as it authorizes the Municipal Board to impose a tax in any part of the municipal area, is void and for the issue of a writ of mandamus against the Municipal Board, Bareilly, directing it number to realize the said house tax and scavenging tax from him.
The petitioner, a resident of the Civil Lines area, who owns a house bearing door No.
The newly developed area came to be known as the Civil Lines.
A glance at the map discloses that the City of Bareilly is divided into three separate blocks the old City, the Cantonment and the Civil Lines.
ORIGINAL JURISDICTION Petition No.
The Municipal Board of Bareilly acquired a part of the said land and, together with some nasal land, developed it at a companysiderable companyt.
12 of 1962.
32 of the Constitution of India for the enforcement of fundamental rights.
Bareilly is an old City in the State of Uttar Pradesh.
In the middle of the 19th century it companysisted of small houses situated in companygested localities with narrow lanes.
B. Agarwala and C. P. Lal, for respondent number 1.
Petition under Art.
We have numberreason number to accept the said facts given in the companynter affidavit as representing the division of the City of Bareilly based on its geographical features and strata of development.
S. Pathak and C. P. Lal, for respondent number2.
September 3, 1963.
P. Goyal, for the petitioner.
At some distance away from the said City area there existed even then a cantonment area.
Between the City area and the Cantonment area there was a tract of uneven and undeveloped land.
11 of 1916 , hereinafter called the Act, insofar as it authorizes a Municipal Board to impose all or any of the taxes mentioned therein in any part of the municipality.
The judgment of the Court was delivered by SUBBA RAO J. This petition fined under Art.
