High Court for State of TelanganaWP/1795/2016disposed of no costs

Oddepalli Madanaiah v. State Of Telangana,

2016-01-22C.V.Nagarjuna Reddy4 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.1795 of 2016 Date: 22.01.2016 Between:

Oddepalli Madanaiah .. Petitioner and The State of Telangana rep. by its Principal Secretary Municipal Administration & Urban Development Dept., Hyderabad and 2 others .. Respondents Counsel for the petitioner : Mr.P.Prabhakar Reddy Counsel for respondent No.1: GP for Municipal Administration The Court made the following:

O r d e r :

This Writ Petition is filed for a Mandamus to declare the action of respondent No.3, in not considering the petitioner's representation, dated 30-11-2015, for restoring the assessment relating to House bearing No.2-1-877/1, Lashkar Singaram, Nayeem Nagar, Hanamkonda, Warangal, in his favour, as illegal and arbitrary.

The petitioner pleaded that based on an ex parte decree obtained by one Khaja Mahsood Ahmed in OS.No.853 of 2012 on the file of the Court of the learned I Additional Senior Civil Judge, Warangal, respondent No.3 has cancelled the assessment made in favour of the petitioner vide Order dated 20-01-2015. The petitioner further averred that the said ex parte decree was set aside by the civil Court on 09.09.2015 and that immediately thereafter, he has made an application before respondent No.3 on 30-11-2015 to restore the assessment. As noted above, the grievance of the petitioner is that his representation is not being considered.

At the hearing, Mrs.Pingali Lakshmi, learned Standing Counsel for Warangal Municipal Corporation, submitted that respondent No.3 will

consider the petitioner's representation and take a decision in accordance with law.

In the light of the above facts and the submission of the learned Standing Counsel, the Writ Petition is disposed of with the direction to respondent No.3 to consider the representation, dated 30-11-2015, of the petitioner and take appropriate decision after hearing him and also the person at whose instance the assessment was cancelled and communicate the same to both parties within two months from the date of receipt of this order.

As a sequel to disposal of the Writ Petition, WPMP.No.2272 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 22nd January, 2016 lur