The Apsrtc v. Korutla Municipality

[ 3166 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 8257 OF 2009 Between:

The APSRTC, Rep. by its Depot Manager Korutla, Karimnagar District. ...PETITIONER AND Korutla Municipality, Rep- by its Commissioner Korutla, Karimnagar Distrlct. The Regional Director-cum-Appellate Commissioner of Municipal Administration Warangal.

1.

2.

...RESPONDENTS Petition under Article 226 ol 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 impugned demand notice dt. 24-092008 issued by the 1st Respondent in respect of D.No. 1-1-240 pertaining to Korutla APSRTC Bus Stand demanding to pay the Vacant Land Tax of Rs. 22,67,2801- when the statutory appeal is pending before the 2nd respondent as arbitrary, illegal and contrary to the provisions of A.P. Municipalities Act, 1965 and consequently set-a-side the same.

l.A. NO: 1 OF 2009(WPMP. NO: 10789 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to dispose off the appeal filed by the petitioner before 2nd respondent.

I.A. NO: 1 0F 2010 (wvMP. NO: 1473 OF 20101 Between:

Korutla Municipality, Rep. by its Commissioner Korutla, Karimnagar District. ...PETITIONER/1 ST RESPONDENT AND

1. The APSRTC, Rep. by its Depot Manager Korutla, Karimnagar District. z. Tlu . Regionar. Director-cum-Apperrate "":H:.",J::"tiitltJ:H; Administration Warangal.

...RESPONDENTS/PETITIONER Petition under Section '151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased vacate the interim orders in WPMP No. 10789/2009 in WP No. BZSTl2OOg dated 28-72009. Counsel for the Petitioner : SRI C.PRAKASH REDDY Counsel forthe Respondent No.1 : SRI B.JAGAN MADHAV RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.2 cP FOR MUNCTPAL ADMN & URBAN DEV The Court made the following: ORDER

THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No.8257 of 2009 ORDER:

I This matter is listed under the caption "Specially Identified Cases (Infructuous)" to inform this Court whether the cause in the Writ Petition survives for adjudication or not Despite the names of alt the three leamed Standing Counsel representing the petitioner-Corporation is shown in the cause list, there is no representation on behalf of the petitioner-Corporation.

3. On the previous dates of hearing also i.e' 15-11-2023, 22-11-2023 and 06-12-2023, there was no representation on behalf of the petitioner-Corporation

4. In view of the same, this Court is of the view that the petitioner Corporation is not interested to pursue the matter.

5. Accordingly, the Writ Petition is closed. However, liberty is granted to the petitioner to seek revival of the Writ Petition within the period of limitation as applicable for restoration, in the event the cause in the Writ Petition survives for adjudication'

6.

As a sequel, miscellaneous petitions pending if any shall stand closed' No costs'

sD/- K.'REERAMA MURTH'

ASSISTANT REGISTRAR //TRUE COPY// 1z SECTIOI( OFFICER To

1. One CC to SRI C.PRAKASH REDDY, Advocate. [OPUC] i. d; bb to sRl B.JAGAN MADHAV RAo (sc FoR Mc' TELANGANA) IOPUC] a. i*o-Cc. to the GP FoR MUNCIPAL ADMN & URBAN DEV' High court for the State Of Telangana at Hyderabad. [OUT]

4. Two CD Copies.

BSK GJ ,l

HIGH COURT DATED:1311212023 1t\ E STA i5:

( q 3 18 , a JAii 202[ J

ORDER

* t o€s WP.No.8257 o12009 CLOSING THE WRIT PETITION WITHOUT COSTS @ct* 6,gq-