Kukatpally Notified Municipal. Industrial Area Service v. Mr. E. Satyanarayana,

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE T. AMARNATH GOUD CONTEMPT CASE No.1367 of 2017 ORDER: (per Justice Sanjay Kumar) This contempt case was filed alleging wilful disobedience to the order dated 31.12.2014 passed by this Court in W.P.M.P.No.50561 of 2014 in W.P.No.40310 of 2014. By the said order, this Court directed the Telangana State Industrial Infrastructure Corporation to take a decision adhering to the element of reasonableness and fairness after hearing the representatives of the petitioners' society on the basic legal principle.

So far as the quantification of property tax of each and every individual was concerned, the owner of each such unit was required to be heard and it was left open to the officials of the municipal corporation to remain present at the time of hearing and express their views in the decision making. Alleging that in violation of this order, the Commissioner, Telangana State Industrial Infrastructure Corporation, issued demand notice dated 01.01.2017, this contempt case was instituted. The Commissioner, Telangana State Industrial Infrastructure Corporation, filed a counter, wherein he stated that upon the transfer in November, 2016, the successor Commissioner failed to notice the order of this Court and issued the subject demand notice with the intention of collecting arrears of property tax.

Upon receipt of the legal advice in connection with this contempt case, the Commissioner stated that demand notice dated 01.01.2017 was withdrawn under letter dated 14.09.2017.

In the light of this development, we are of the opinion that no wilful disobedience is demonstrated warranting exercise of contempt jurisdiction.

The contempt case is accordingly closed. No order as to costs. __________________________ SANJAY KUMAR, J ___________________________ T. AMARNATH GOUD, J Date: 27.10.2017 PGS/GJ