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High Court for State of TelanganaWP/9717/2017disposed of no costs

Kolloju Hemalatha v. State Of Telangana,

2017-03-20Challa Kodanda Ram2 pages

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9717 OF 2017 ORDER:

The allegation of the petitioner is that her shop has been seized for alleged non-payment of municipal tax. Learned counsel for the petitioner submits that premises bearing No.5-5-1/8/1 (old), Old Collectorate, Prakasham Bazar, Nalgonda District, was purchased by the petitioner in an open auction in the year 2011; thereafter, on account of certain additions made, door number of the said premises has been changed to 5-5-1/14; the petitioner had already paid municipal tax and there are no arrears; respondent No.2 - Municipality, without issuing any notice, and without giving any opportunity to the petitioner, seized her shop on 16.03.2017; though the petitioner offered to pay tax of Rs.82,335/-, respondent No.2 - Municipality refused to accept the same, which she paid tax through mee-seva on 22.03.2016; and, now as there is a further demand of Rs.4,50,000/- by respondent No.2 - Municipality, this Writ Petition is filed.

Having considered the submissions and, particularly, the assertion of the petitioner that the subject property being one and the same, and there are no arrears with respect to the said property, interest of

justice would be served if liberty is given to the petitioner to make a detailed representation to respondent No.2 - Municipality, setting out the factual details, within a period of two weeks from today, which shall be considered by respondent No.2 - Municipality, pass appropriate orders, in accordance with law, within four weeks thereafter. The petitioner shall pay Rs.50,000/- (Rupees Fifty Thousand Only) along with the representation. Till final orders are passed by respondent No.2 - Municipality, no coercive steps shall be taken.

The Writ Petition is, accordingly, disposed of. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

______________________________ CHALLA KODANDA RAM, J Date:20.03.2017 usd