C H Narayana v. Prl.Secretary ( Mud) And 2 Others

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.43450 OF 2016 Dated:16.12.2016 Between:

C.H. Narayana, S/o. C.H. Hanumaiah, Aged about 84 years, Occ: Business, R/o.H.No.3-1-224 & 225, Somasundaram Street, Secunderabad .. Petitioner AND The State of Telangana, rep., by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.43450 OF 2016 ORDER:

Heard. With the consent of learned counsel for the parties, the Writ Petition is disposed of at the stage of admission. 2.

The petitioner claims to be the owner of the premises bearing Nos.1-1-130 to 144/204 of Navakethan Complex, 62, S.D. Road, Secunderabad, and is paying the property tax regularly. He alleges that the said premises is not in use and is kept vacant. Therefore, the petitioner submitted representation, dated 27.04.2015, and several reminders, to the 3rd respondent requesting him to treat the said premises as vacant and to grant vacancy remission. The petitioner claims that instead of considering the representation, dated 27.04.2015, submitted by him, the 3rd respondent issued notice, dated 22.10.2016, demanding him to pay property tax arrears and current dues to a tune of Rs.72,515/-. Hence, this Writ Petition. 3.

Learned counsel for the petitioner submits that without considering the representation, dated 27.04.2015, submitted by the petitioner for grant of vacancy remission, the 3rd respondent cannot issue notice, dated 22.10.2016, demanding the petitioner to pay the arrears and current dues of the property tax.

4.

Since representation was already submitted by the petitioner on 27.04.2015 and the same is pending, the respondent - Corporation is directed to consider the said representation for grant of remission of property tax and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of

this order. Till such orders are passed and communicated to the petitioner, the 3rd respondent shall not take any coercive action against him, pursuant to the demand notice, dated 22.10.2016. 5.

With the above observation and direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:16.12.2016 KH