M/S. Viom Networks Limited v. State Of Telangana Rep. By Its Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT PETITION NO.6545 OF 2015 DATED: 24-03-2015 Between:

M/s. VIOM Networks Limited .. Petitioner And State of Telangana rep. by its Principal Secretary, Municipal Administration and Urban Development and another .. Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA WRIT PETITION NO.6545 OF 2015 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The issue raised in this writ petition is as to the validity of the action of the Warangal Municipal Corporation, the second respondent, in fixing and demanding property tax in respect of the cellular towers erected by the petitioner company.

Sri S. Ravi, learned senior counsel for the petitioner company, states that this very issue came up for consideration before this Court in W.P.No.37270 of 2013. He invited our attention to the order dated 19.12.2013 passed therein, whereby the Commissioner, Greater Hyderabad Municipal Corporation, was directed to decide the issue raised in the said writ petition, identical to the issue presently raised before us. In view of the aforestated order, this writ petition is also disposed of directing the Commissioner of the second respondent Corporation to give notice to the petitioner company, whereupon it shall be open to it to raise all its contentions as have been raised before us in the present writ petition. The Commissioner shall himself decide the matter and pass a speaking order.

This exercise shall be completed within six weeks from the date of receipt of a copy of this order. In the event the Commissioner of the second respondent Corporation holds against the petitioner company, the said order shall not be given effect to for a period of ten days from the date of its service upon the petitioner company to enable it to avail suitable remedies in accordance with law.

Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ K.J. SENGUPTA, CJ _____________________

SANJAY KUMAR, J 24-03-2015 Svv (80) HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA

WRIT PETITION NO.6545 of 2015 ____________________________________________ (Order of the Division Bench delivered by Hon'ble Sri Justice Sanjay Kumar) 24-03-2015