Sacred Heart Girls High School, English Medium, v. Ramagundam Municipality Rep By Its Municipal

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 7695 OF 2008 29-03-2016 Between:

Sacred Heart Girl's High School, English Medium, Unit of the Franciscan Sisters of Mary, A.P., Godavarikhani, Karimnagar District, rep., by its Correspondent: Sister T. Junitha, D/o. Inna Reddy, aged about 60 years ... Petitioner And Ramagundam Municipality, rep., by its Municipal Commissioner, Ramagundam, Karimnagar District ... Respondent

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 7695 OF 2008 ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Sri G. Ravi Mohan, learned counsel for the petitioner does not press this writ petition and seeks liberty to the petitioner to approach the Municipal Corporation, Ramagundam with a fresh application for seeking exemption of property tax. He submits that earlier application filed by the petitioner was rejected by the Commissioner, Ramagundam Municipality and thereafter the municipality has been converted into municipal corporation and now it is governed by the provisions of Andhra Pradesh Municipal Corporations Act, 1994. Smt. M. Bhagyasri, learned Standing Counsel for the Corporation submits that if any such application is made by the petitioner, the concerned authority shall consider the same on merits in accordance with law.

In the circumstances, we dispose of this writ petition by the following order:

"If the petitioner makes an application, seeking exemption of property tax, within a period of two weeks from today, the concerned authority of the Corporation shall consider the same on merits in accordance with law, as expeditiously as possible and preferably within a period of twelve weeks from the date of the application. If the application is not made within the stipulated time, it would be open to the Corporation to recover the tax in accordance with law. If the

application is made, it is needless to mention that the Corporation shall not take coercive steps against the petitioner - institution till the application is decided by the concerned authority. Sri Ravi Mohan submits that if the petitioner ultimately fails to satisfy the concerned authority in respect of their claim of exemption, they shall pay the property tax subject to their right to challenge the decision that will be taken on their application. His statement is recorded and accepted." Miscellaneous petitions, if any, also stand disposed of. No order as to costs.

_________________________ DILIP B. BHOSALE, ACJ ________________________ P. NAVEEN RAO, J 29-03-2016 ks