Bharat Sanchar Nigam Limited, v. The Greater Hyderabad Municipal Corporation,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5982 OF 2015 DATE: 13.03.2015 Between:

Bharat Sanchar Nigam Limited, Hyderabad.

... Petitioner And The Greater Hyderabad Municipal Corporation, Hyderabad & another.

... Respondents This Court made the following:

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 5982 of 2015 ORDER: (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the Greater Hyderabad Municipal Corporation submits that her client does not want to file any counter affidavit in this matter. Therefore, we take up this matter finally for hearing without counter affidavit.

It appears that the impugned notice has been issued under Section 269 of the Greater Hyderabad Municipal Corporation, 1955, initiating recovery proceedings straight away. No adjudication has been done saddling the petitioner to pay the alleged property tax. Under these circumstances, we dispose of the writ petition by the following order.

It would be open for the Corporation to issue notice to the petitioner in accordance with law demanding the legitimate dues. On receipt of such notice it would be open for the petitioner to take steps in accordance with law, as may be advised.

Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

___________________ K.J. SENGUPTA, CJ

___________________ SANJAY KUMAR, J Date: 13.03.2015 ES