Chandrakanth Sarada, v. State Of Telangana, Municipal Administration Department,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11002 OF 2016 ORDER:

Heard Ms. C. Avani Reddy, learned counsel for the petitioners, and Mr. N. Praveen Kumar, learned Standing Counsel for the respondent Nagar Panchayat.

The prayer of the petitioners in this case is as under: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 2nd respondent in demanding the enhanced tax from the petitioners by notice, dt.31.3.2015, without considering the objections as illegal, arbitrary and consequently stay the demand of enhanced tax by notice dt.31.3.2015 till the disposal of the objections and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the facts and circumstances of the case.

As the petitioners have already filed their objections to the enhancement of the tax under their letters dated 09.10.2015, copies of which relating to two out of the seven petitioners have been placed on record, this Court sees no reason to entertain this writ petition for adjudication on merits.

Ms. C. Avani Reddy, learned counsel for the petitioners, would state that all the other petitioners have also filed similar letters. It is therefore for the Commissioner, Peddapalli Nagar Panchayat, to consider the said complaints treating them as revisions under Rule 12 of the Taxation and Finance Rules in Schedule II of the Andhra Pradesh Municipalities Act, 1965, and pass appropriate orders thereon. Pending such exercise, the enhanced tax shall not be given effect to. The petitioners shall however pay the admitted tax amounts along with arrears, if any. The Commissioner shall dispose of the revisions expeditiously and in any event, not later than four 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