Ch.Vijay Lakshmi v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.27089 of 2018 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development and Sri V.Satyam Reddy, learned Standing Counsel.

According to the learned counsel for the petitioner, the impugned assessment is totally illegal, arbitrary and violative of Article 14 of the Constitution of India besides being opposed to the very spirit and object of the provisions of the Hyderabad Municipal Corporation Act, 1955 (for brevity, 'the Act'). It is further submitted that, without there being any basis, abnormally, the demanded amount has been fixed by assessing the premises as commercial.

On the other hand, it is submitted by the learned Standing Counsel that, in view of the availability of the alternative remedy, under Sections 221 and 282 of the Act, the present Writ Petition is not maintainable.

Having regard to the submissions made by the learned counsel for the petitioner and the learned Standing Counsel, this Court deems it appropriate to dispose of the Writ Petition, with liberty to the petitioner herein to approach appropriate authority, under the Act, as indicated supra, subject to the petitioner paying half of the demanded amount as indicated in the impugned demand notice.

Accordingly, Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

__________________ A.V.SESHA SAI, J 02nd August, 2018 Tsy