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High Court for State of TelanganaWP/12858/2000disposed of no costs

M/S. Aradhana Theatre,Tarnaka,Hyderabad, v. The Uppal Kalan Municipality,

2015-09-30Dilip B. Bhosale,S.V.Bhatt3 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 12858 OF 2000 30-09-2015 Between:

M/s. Aradhana Theatre, Tarnaka, Hyderabad, rep., by its Managing Partner, S. Shivraj Reddy, S/o. Satyanarayana Reddy, Hindu, aged about 62 years, R/o. Door No. 3-6-69/B/13, Avanthinagar, Basheerbagh, Hyderabad - 29 ... Petitioner And The Uppal Kalan Municipality, Ranga Reddy District at Uppal represented by its Commissioner ... Respondent

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 12858 OF 2000 ORDER: (per Hon'ble Sri Justice S.V. Bhatt)

The petitioner challenges demand notice No.009790, dated 31-03-1999 as illegal and violative of principles of natural justice. This Court through order dated 18-07-2000 granted interim stay of recovery of property tax pursuant to the demand notice dated 31-03-1999 subject to the condition of petitioner depositing a sum of Rs.50,000/-. The respondent filed a petition to vacate the said interim order. On 06-02-2001, interim order was made absolute by this Court. Thus, stay granted on 18-07-2000 is in force as on date. One of the objections against the impugned demand notice is that the notice is issued in violation of principles of natural justice. Having regard to this limited objection and without examining the case on merits, we are satisfied that the writ petition can be disposed of with the following order.

"The petitioner is given four weeks time from today to make a representation to the respondent/Corporation, as the case may be against the demand notice dated 31-03-1999 and if the representation is made as directed within the time granted by this Court, the competent authority is directed to consider the representation and shall pass appropriate orders in accordance with law within two months from the date of representation. Till an order is passed and communicated to the petitioner, interim order granted on 18-07-2000 is directed to be in force." With these observations, the writ petition is disposed of. Miscellaneous petitions, if any, also stand disposed of. No order as to costs. _________________________ DILIP B. BHOSALE, ACJ ________________________ S.V.