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High Court for State of TelanganaWP/4204/2008closed no costs

The Congregation Of Sisters Of St.Aloysius, v. Government Of Andhra Pradesh,

2018-08-20Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.4204 of 2008 ORDER:

In the writ affidavit, it is asserted that respondent No.2 - Vijayawada Municipal Corporation rep. by its Commissioner, Vijayawada, issued a demand notice, dated 29.12.2007, to the petitioner society for payment of arrears of tax of Rs.5,60,413/- and penalty of Rs.2,09,753/-, totalling to Rs.7,69,986/-, and in pursuance of the same, the petitioner society sent objections, dated 08.02.2008, but, the respondent Corporation has not yet passed any order till date in spite of the directions issued by this Court in Writ Petition No.10165 of 2007. Hence, the petitioner society questioned the bill, dated 29.12.2007, by way of filing this Writ Petition.

This Writ Petition came to be admitted on 28.02.2008 and the respondents were directed not to take coercive steps for recovery of the tax.

The respondent Corporation filed a counter-affidavit, in paragraph 9 of which, it has categorically asserted that in obedience to the orders of this Court in Writ Petition No.10165 of 2007, the respondent Corporation had in fact furnished details to

CKR, J WP.No.4204 2008 the petitioner society with respect to service charges payable by it and had not taken any hasty action.

Having regard to the specific stand taken in the counteraffidavit and there being no denial of the same by the petitioner society by way of filing reply-affidavit, it is obvious that the grievance of the petitioner society that the details were not furnished by the Corporation in response to its objections, dated 08.02.2008, stood redressed.

The Writ Petition is accordingly closed leaving it open to the petitioner society to workout the remedies in accordance with law, if it has any grievance with respect to the demand of tax. Miscellaneous Petitions, if any pending, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 20th AUGUST, 2018.

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