K. Sai Babuji v. State Of T.S.
HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.1875 of 2018 ORDER:
This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"....to issue an order or direction, more particularly in the nature of Writ of Mandamus by declaring the issuance of impugned Demand Notice Vide No.999/C29/GHMC/2017-18 dated 18.11.2017 advising the petitioner to pay the sum of Rs.41,551/- as against the regular payment of Rs.840/- per annum is arbitrary, illegal and violations of fundamental rights and consequently direct respondent No.3 to withdraw the impugned Demand Notice Vide No.999/C29/GHMC/2017-18 dated 18.11.2017 and pass such other order or orders as deemed fit and proper in the circumstances of the case and in the interest of justice."
2.
Heard the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration representing respondent Nos.1 and 2 and Sri P.Krishna Reddy, learned Standing Counsel, who offers to file vakalat for respondent No.3 and perused the prayer in the writ petition with supporting affidavit and the other material on record.
3.
The only grievance of the petitioner is that despite representation is pending it is not disposing of by the respondents in either way on merits.
4.
There is nothing to show that a representation can be entertained against the revision of the property tax, but for,
departmental internal appeal as the case may be or to file a writ or suit questioning the property tax/revision of the property tax, if the procedure contemplated by law is not followed. Once such is the case, this Court cannot direct to dispose of the representation, but for, giving fifteen days time from the date of receipt of copy of this order, even the time for filing of appeal is expired to entertain by the Authorities, by virtue of this order, to decide on own merits including on the procedure and the quantum, as the case may be. 5.
With the above directions and observations, the writ petition is disposed of.
Miscellaneous petitions pending, if any, shall stand closed. No costs.
____________________________ Dr. B. SIVA SANKARA RAO, J 22nd February 2018 mar