Hameed Hussain, v. The State Of Telangana,

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7553 of 2016 Dt:09.03.2016 Between:

Hameed Hussain.

... Petitioner And The State of Telangana and others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 7553 of 2016 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, seeks the following prayer:

"For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Mandamus declaring the high handed action of the 3rd respondent and his subordinate in insisting upon the payment of alleged arrears of house tax in respect of the house bearing Door No.6-3-542/A, Erramanzil, Hyderabad from the petitioner who is the owner of house building bearing Door No.6-3-542, Erramanzil, Hyderabad pursuant to the impugned demand notice No.1003/00761/15-16, issued in the name of the Syed Javed Hussain in respect of house building bearing Door No.

6-3-542/A, Erramanzil, Hyderabad, as arbitrary, illegal, contrary to law, violative of principles of natural justice and opposed to the provisions of Hyderabad Municipal Corporation Act, 1955 while directing the respondents not to interfere with the petitioner's house property bearing Door No.6-3-542, Erramanzil, Hyderabad pursuant to the impugned demand notice in the interest of justice." We have perused the demand notice, dated 15.02.2016 (Annexure P1).

Notice is issued to Sri Syed Javid Hussain demanding property tax in respect of the premises bearing No.6-3-542/A, situated at Erramanzil, Hyderabad. The petitioner is one Hameed Hussain, S/o.Ahmad Hussain.

Mr.P.Chandrasekhara Reddy, learned counsel for the petitioner, submits that the petitioner has no concern what-so-ever with Sri Syed

Javid Hussain to whom the notice is issued and he also has no concern what-so-ever with the property bearing Door No.6-3-542/A in respect of which the property tax has been demanded. He submits that the petitioner does not have any concern with the said property and that he is not in possession thereof. He submits that the petitioner has absolutely no objection if action is taken against Syed Javid Hussain in respect of the house No.6-3-542/A on the basis of demand notice. His submissions are recorded and accepted. That being so, this writ petition, in our opinion, need not be entertained, since it challenges the notice issued to some third person in respect of the property with which the petitioner has no concern. Hence, the writ petition is dismissed. We make it clear that it would be open to the respondents to take further steps/action based on the impugned demand notice.

Consequently, miscellaneous petitions, if any, also stand disposed of.

_________________________ DILIP B. BHOSALE, ACJ ________________________ P.NAVEEN RAO,J Dt:09.03.2016 kdl