Rachana School, v. The State Of Telangana,
THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.336 of 2017 ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India, for the following relief:
"To issue a writ, order or direction more particularly one in the nature of writ of mandamus questioning the validity of the impugned undated Special Notice of House Tax Assessment or Amendment vide No.19501, acknowledged by the petitioner herein on 03-12-2016 and the consequential Distraint Warrant dated 21-12-2016 issued by the 3rd Respondent as illegal, arbitrary, malafide, unconstitutional and contrary to the Rules in G.O.Ms.No.30 P.R. & RD. and R, dt. 20-01-1995, and to consequently set aside the same and to further direct the Respondents herein not to initiate any coercive steps against the Petitioner herein to sell or attach any movable/immovable properties of the Petitioner by Distraint under any Warrant till appropriate orders are passed by the 3rd Respondent herein on the representation/revision petition of the Petitioner acknowledged by the 3rd Respondent on 24-12-2016, seeking verification in response to the Distraint Warrant dt. 21-12-2016, in the interest of justice in the interest of justice" 2.
According to the petitioner, petitioner herein received the special notice under challenge on 3.12.2016. It is brought to the notice of the Court that the petitioner herein already filed a representation on 27.1.2017 before the 3rd respondent-Panchayat Secretary and the same is pending. 3.
It is submitted by the learned Standing Counsel appearing for the Respondent Gram Panchayat that the present Writ Petition can be disposed of, by directing the 3rd respondent Gram Panchayat to pass appropriate orders on the said representation dated 27.1.2017. 4.
Recording the said submission, the Writ Petition is disposed of, directing the 3rd respondent Gram Panchayat to pass appropriate orders on
the representation dated 27.1.2017 filed by the petitioner against the impugned notice, in accordance with law, within a period of four weeks from the date of receipt of this order. Till the said exercise attains finality, the interim order granted by this Court on 4.1.2017 shall continue. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
______________ A.V.SESHA SAI, J Date: 31.1.2017 DA
THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.336 of 2017 31.1.2017 DA