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High Court for State of TelanganaWP/14623/2015withdrawn

Mohammed Zaheeruddin Ahmed S/O Late Mohammed Sirajuddin, v. State Of Telangana, Rep By Its Prl Secretary

2015-06-25Dilip B. Bhosale,S.V.Bhatt4 pages

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 14623 OF 2015 25-06-2015 Between:

Mohammed Zaheeruddin Ahmed ... Petitioner And State of Telangana, rep., by its Prl. Secretary, Municipal Adminstration & Urban Development Department, Secretariat at Hyderabad and two others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No. 14623 OF 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale)

Heard learned counsel for the parties.

The petitioner, in the instant writ petition, challenges the demand notice dated 09-01-2015 issued by the 3rd respondent as illegal, arbitrary and unconstitutional. Mr. P. Kesava Rao, learned Standing Counsel appearing for the respondent - Corporation, in all fairness, submits that in the present case, the demand notice was issued without there being an assessment order and in view thereof, he submits that the respondent - Corporation will withdraw the impugned notice and shall follow the due procedure and then issue a fresh demand notice to the petitioner. His statement is recorded and accepted.

In view thereof, demand notice dated 09-01-2015 is allowed to be withdrawn, with liberty to the respondent - Corporation to pass assessment order after following the due procedure and then issue fresh demand notice to the petitioner. In the circumstances, nothing further survives in the writ petition. Learned counsel for the petitioner prays for withdrawal of the writ petition. Writ petition is disposed of as withdrawn. All contentions on merits are kept open.

Miscellaneous petitions, if any, also stand disposed of. _________________________ DILIP B. BHOSALE, ACJ

________________________ S.V. BHATT, J 25-06-2015 ks