Komaravelli Venu Gopal v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WRIT PETITION NO: 16638 OF 2022 Betwee n:
about 49 years, Occupation:
Hotel, Vidhyanagar, Suryapet Komaravelli Venu Gopal, S/o. Kailasam, Aged Business, R/o. H. No.1-4-24914811, Behind Vijetha Town and District.
...PETITIONER AND
1. The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Urban Developmenl Department, BRKR Bhawan, Telangana Secretariat, Hyderabad.
2. Suryapet Niunicipality, Rep. by its Commissioner, Suryapet Town and District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in issuin9No.10431000226515, dated 02.11.2O12 tor Rs.73,4491 by enhancing the property tax abnormally is as highly arbitrary, illegal, discriminatory, violative of principles of natural justice apart from violative of Articles 14 and 21 of the Constitution of lndia and consequently direct the respondents to not to take coercive steps in pursuant to No.10431000226515, dated 02.11.2012 'for Rs.73,4491 basing on the such correction of the percentage of levy of imposing of municipal tax will correct the financial 2013, 2014, 2015, 2016 to 2022
subsequently as the respondent No.2 herein did not disposed the abnormal enhancing of high impose of tax for the year 2O11-2012, without addressing the same, the respondent No.2 is not entitled to collect, calculation further financial year collection of municipal tax from the petitioner or other too, except affording opportunity under the provision of law till the disposal representation before the respondent No.2 from time to time 2012 to till date and finalise the representalion.
lA NO: 'l OF 2022 Petition under Sectjon 15'1 CPC praying that in the circumstances stated in the affidavit f iled in support of the petition, the High Court may be pleased to direct the respondent No.2 to not to any early decision like locking the premises, without disposing the written objections from the petitioner in abnormal levy of municipal tax and remove the locked whatever so far without any delay. Counsel for the Petitioner : SRl. P. N. ARUN KUMAR Counsel forthe Respondent No.1 : GP FOR MCPL ADMN & URBAN DEV Counsel forthe Respondent No.2: SRl. N. PRAVEEN KUMAR, SC FOR MUNCIPALITIES The Court made the following : ORDER
THE HONORABLE SMT JUSTICE LALITHA KANNEGANTI W.P.No.'l6638 ol 2022
ORDER
This writ petition is filed questioning the action of respondent No.2 in issuing the demand notice dated 02.11.2012 for payment of Rs.73,4491 by enhancing the property tax abnormally, as illegal and arbitrary.
2.
Heard learned counsel for the petitioner Mr. P.N.Arun Kumar, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and I\/r. N. Praveen Kumar, learned Standing Counsel for respondent No.2.
3.
Learned counsel for the petitioner submits that though the petitioner has approached respondent No.2 by making written submissions to review the enhancement of more than 600% times of hike in the levy of tax, he failed to consider the same and hence' he is constrained to approach this Court.
4.
A perusal of the averments in the writ affidavit shows that the writ petition suffers from latches. Hence, the Writ Petition is dismissed' No order as to costs.
5.
tt4iscellaneous petitions, if any pending in this writ petition, shall stand dismissed.
SD/.K.ONESIM ASSISTANT REGIST R ,TRUE COPY'
SECTIO FFICER To One CC to SRl. P. N. ARUN KUIVAR, Advocate. [OPUC] Two CCs to GP FOR IVCPL ADN,'IN & URBAN DEV' High Cou(E the State of Telanqana at Hvderabad. [OUTI
3. One CC-to Sri. N, Fraveen Xirmar, SC for Muncipalities. [OPUC]
4. Two CD Copies
5. One Spare Copy It t I]S AX
HIGH COURT DATED:31 10312022 .f i{= SIi j.{ Y //<.'
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ORDER
WP.No.16638 of 2022 DISMISSING THE WRIT PETITION WITHOUT COSTS @ ra.