N. Narasimha Rao v. The State Of Telangana,

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. 9296 OF 2015 DATE: 02.04.2015 Between:

N. Narasimha Rao ... Petitioner And The State of Telangana, rep., by its Principal Secretary, Municipal Admn., Department, Hyderabad & others.

... 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. 9296 of 2015 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the Greater Hyderabad Municipal Corporation submits that she does not want to file counter affidavit. Hence, we dispose of the writ petition finally with the following order.

It appears from the writ petition that without giving an opportunity of hearing and without deciding the objection raised by the petitioner, the impugned demand notice has been issued.

Under these circumstances, we direct the Deputy Commissioner, Greater Hyderabad Municipal Corporation - 3rd respondent, to consider the petitioner's objection after giving personal hearing and pass a speaking order. The entire exercise shall be completed within six weeks from the date of communication of this order. In the event, despite notice, petitioner does not turn up then this order will stand recalled and the issue will be a closed chapter. In the meantime, the alleged demand will be kept in abeyance. After considering the objection it would be open for the Deputy Commissioner - 3rd respondent, to review, recall or modify the impugned demand as the situation warrants. Till such decision is taken no coercive measures shall be taken. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

___________________ K.J. SENGUPTA, CJ ___________________ SANJAY KUMAR, J Date: 02.04.2015 ES