M/S. R.K. Apparel Fashions Pvt. Ltd v. The State Of Telangana

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.9226 of 2019

ORDER

This writ petition is filed seeking the following relief: "....to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing Notice bearing No.TSIIC-IALA/GPP/P.Tax/ 2018-19 dated 15/03/2019 issued by the 3rd respondent herein by demanding to pay the property tax of Rs.27,38,323/- in respect of Plot No. 12 to 29 AEP, Gundlapochampally, for the period ending on 31/03/2019 as arbitrary, illegal and against the principles of natural justice and established principles of law and consequently direct the respondents not to take any coercive methods against the petitioner in respect of the said Property Tax and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Heard Sri K.Venkat Reddy, learned counsel appearing for the petitioner, learned Government Pleader for Industries and Commerce appearing for respondent No.1, and Sri L.Prabhakar Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3.

Petitioner is a registered company. The respondents allotted industrial plots in favour of the petitioner during 2004. The respondents have levied the property tax for the years 2013-2014 and 2014-2015 and the petitioner has paid the same. Without giving any notice, the respondents have enhanced the

property tax for the years 2015-2016, 2016-2017 and 2017-2018 and thereafter, issued a demand notice dated 15.3.2019, directing the petitioner to pay an amount of Rs.27,38,323/-. Hence, the petitioner has submitted representation dated 20.3.2019 to the respondents to reduce the property tax. But, so far, no orders have been passed thereon.

Learned counsel appearing for the petitioner contended that without following the procedure, the respondents have enhanced the property tax making it almost double. It is prayed that appropriate orders be passed in the writ petition directing the respondents to consider the representation dated 20.3.2019 submitted by the petitioner.

Learned Standing Counsel appearing for the respondents contended that since the representation is pending with the respondents, the respondents would consider the same and pass appropriate orders in accordance with law.

Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered view that this Writ Petition can be disposed of directing the respondents to consider the representation dated 20.3.2019 submitted by the petitioner and pass appropriate orders

within a period of eight weeks from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending, shall stand closed.

_____________________________________ JUSTICE ABHINAND KUMAR SHAVILI Date: 05.02.2020 rkk