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High Court for State of TelanganaWP/10971/2016disposed of no costs

Bathina Mahalakshmi, v. The State Of Andhra Pradesh, Rep. By Its Principal

2016-04-04Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.10971 OF 2016 ORDER:

Heard Sri V. Surya Kiran Kumar, learned counsel for the petitioner, and Sri Ancha Pandu Ranga Rao, learned Standing Counsel for the Guntur Municipal Corporation. The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, the petitioner prays that the Hon'ble Court may pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in issuing Demand Notice No.639, dt.24.03.2016, to the petitioner, in relation to the property bearing Door No.5-37-223, 4th Line, Brodipet, Guntur, as illegal, arbitrary, violative of the provisions of the Hyderabad Municipal Corporations Act, 1955, as also the provisions of the Hyderabad Municipal Corporations (Assessment of Property Tax) Rules, 1990 and consequently set-aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

The petitioner seems to have filed complaint dated 29.03.2016 before the Commissioner of the Guntur Municipal Corporation, which requires to be considered under Section 221 of the Greater Hyderabad Municipal Corporation Act, 1955.

As the said complaint has not been looked into and the Commissioner, Guntur Municipal Corporation, is yet to take a decision thereon in accordance with the due procedure, the respondent Municipal Corporation shall not give effect to the demand notice dated 24.03.2016 pending disposal of the petitioner's complaint by the Commissioner of the Corporation. The petitioner shall however pay the admitted tax amount along with arrears, if any. The Commissioner, Guntur Municipal Corporation, shall dispose of the petitioner's

complaint dated 29.03.2016 expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order. The writ petition is disposed of with the above directions. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 4th April, 2016 IBL