Innabathina Venkata Subba Rao, v. The State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5947 OF 2015 DATE: 13.03.2015 Between:
Innabathina Venkata Subba Rao ... Petitioner And The State of A.P., rep., by its Principal Secretary to Govt., Municipal and Urban Development, Hyderabad & another.
... Respondents This Court made the following:
THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5947 of 2015 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed challenging the demand notice dated 16.05.2014 issued by the Municipal Corporation, Ongole, asking the petitioner to make payment of Rs.2,98,013/-.
It is alleged that the petitioner has made objections time and again since 2011 and also made representations orally and sometimes in writing, but those documents are not annexed to the writ petition. We find only a copy of notice described to be a legal one.
Under these circumstances, we are not inclined to interfere at this stage. However, we dispose of the writ petition with the following order. In the event, the petitioner deposits 50% of the demanded amount within three weeks from date then the Municipal Corporation shall consider his representation in accordance with law and pass a speaking order, after giving an opportunity of hearing and production of all material documents. In the process fresh decision shall be taken with regard to the demand. The deposit so to be made will abide by the result of such decision. In default of depositing the amount within the time as above, it would be open for the Municipal Corporation to proceed to recover the demanded amount in accordance with law. The entire exercise shall be completed within six weeks from the date of deposit of the amount. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J Date: 13.03.2015 ES