Chandra Prakash, Adilabad v. Adilabad Municipality, Adilabad Dist.

HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION NO.16191 of 2008 ORDER:

This writ petition is filed to declare the action of the respondents in appropriating the tax paid by the petitioner on 28.3.2008 towards arrears from 1.4.1996 to 31.3.2007 as illegal and arbitrary and further declaration was sought that the petitioner has paid the property tax from 1.4.1996 to 31.3.2007. Learned counsel for the petitioner submitted that such appropriation is barred by Section 365 of the Andhra Pradesh Municipalities Act.

Counter affidavit has been filed stating that the petitioner ought to have availed alternative remedy by filing revision before the Commissioner.

In view of the alternative remedy available to the petitioner, the Writ Petition is dismissed giving liberty to the petitioner to avail alternative remedy of filing revision before the appropriate authority. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________________________ KONGARA VIJAYA LAKSHMI, J Date: 09/11/2018 lkv