Dr.S.A. Rasheed v. Hyderabad Metropolitan Water Supply And Sewerage Board

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.3226 OF 2011 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in issuing notice dated 06.12.2010 demanding Rs.2,60,782/- towards arrears of bill for the year 1994 and sewerage cess and thereafter seizing the sewerage supply connection to the petitioner's building known as Hira Mansion situated at H.No.5-9-29/H, Opp.Paigh Plaza, Basheer Bagh, Hyderbad on 10.02.2011 without issuing any final notice and considering the reply submitted by the petitioner as illegal, arbitrary and unconstitutional apart from being in contravention to the provisions of Hyderabad Metropolitan Water Supply and Sewerage Act, 1989 and also the Gazette Publication issued vide Board Proceeding No.132 dated 16.07.2010 and contrary to the principles of natural justice and consequently direct the respondents to release the seizure and set aside the impugned notice 06.12.2010."

2.

Heard and perused the material available on record. 3.

As per the direction of this Court, learned Standing Counsel appearing for the respondents prepared a calculation memo and filed the same before this Court. As per the said calculation memo, out of the total due amount of Rs.1,95,628.50 ps., after deducting an amount of Rs.1,00,000/-, which was already paid by the petitioner herein, the petitioner has to pay the balance amount of Rs.95,628.50 ps. Hence, the petitioner is hereby directed to pay the said amount in two (2) equal monthly instalments i.e., March,

2017 and April, 2017. He is further directed to pay the sewerage cess as per the demand notice in future.

4.

With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

5.

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

_________________________ JUSTICE RAJA ELANGO 6.3.2017 AMD

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.3226 OF 2011 Date: 6.3.2017 AMD