2017 (3) TMI 755

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..... . Fulzele, Addl. Government Pleader for the Respondents.   ORAL JUDGMENT: (PER : Smt. Vasanti A. Naik, J.) By this writ petition, the petitioner seeks a declaration that the petitioner would have a prior claim and statutory charge on the immovable property of Kamalkishor Baheti, bearing Nazul Plot Nos.100 and 101, in Sheet No.90, Akola over the claim of the respondent No.2Assistant Commissi .....

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..... kishor Baheti in view of the provisions of Maharashtra Cooperative Societies Act. The aforesaid declaration is sought by the petitioner in the set of facts narrated herein above. Shri A.S. Fulzele, the learned Additional Government Pleader appearing for the respondents states that the petition is liable to be dismissed as the issue involved in this writ petition is answered against the petitioner .....

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..... dered by the Hon'ble Supreme Court held that the sales tax dues constitute a first charge over the property by virtue of the provisions of Section 38(C) of the Bombay Sales Tax Act. The question involved in this writ petition stands answered against the petitioner by the judgment of the Hon'ble Supreme Court and the judgment of this Court, referred to herein above. In view of the aforesai .....

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