Ntr Memorial Trust v. State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 5266 of 2020 O R D E R:

This writ petition is filed for the following relief: ".....to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in trying to levy property tax on the petitioner organization's land and buildings (Door No 8-2-269/H/191/A111/1, Door No.8-2 269/H/191/A/1/2, Door No. 8-2/269/H/191/A/1/3, Door No.8-2-269/H/191/A/1/4) as illegal, unconstitutional, arbitrary and violative of the GHMC Act and Hyderabad Municipal Corporations (Assessment of Property Tax) Rules 1990 and set aside Demand Notice No.1040/3593/TC18/GHMC/2019-2020, No.1040/3594/TC18/GHMC/201920, No.1040/ 3595 / TC18 / GHMC /201920, No.1040/3596/TC18/GHMC/201920 dated 07.01.2020 and letter No, 2370/TO/TC18/GHMC/2019 dated 5.03.2019 issued by the Respondent No 3..."

Heard learned counsel for the petitioner and learned Standing Counsel for respondent No.2-Greater Hyderabad Municipal Corporation.

The specific case of the petitioner is that the respondents have not taken into consideration the objections raised by it, particularly with respect to the usage of the subject property and also the classification in terms of the Hyderabad Municipal Corporations (Assessment of Property Tax) Rules, 1990. Since the relief sought is innocuous, respondent No.2 shall consider the objections said to have been raised by the petitioner and pass a detailed order with the necessary classification, as the impugned demand does not indicate the same. In the event, the petitioner desires to submit any material in support of its objections, it is at liberty to do so. The entire exercise shall be

completed within six weeks from the date of receipt of a copy of this order. Till such time, there shall be stay of the impugned demand notice, subject to the petitioner depositing one-fourth of the amount demanded.

Subject to the above, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand closed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:10.03.2020 kdl