Vasavi Education Society, v. The State Of Andhra Pradesh,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.9508 OF 2015 DATED:7.4.2015 Between:

Vasavi Education Society (A Registered Society bearing No.394/1997) Represented by its Secretary Palla Pothu Muralikrishna Gullapalle Vari Street Anakapalle Visakhapatnam District ... Petitioner And The State of Andhra Pradesh Rep. by its Principal Secretary (MA&UD) Secretariat Hyderabad and another ... Respondents

THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.9508 OF 2015 ORDER: (per the Hon'ble The Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the respondent - Greater Visakhapatnam Municipal Corporation submits that he does not want to file any counter affidavit in this matter. In that view of the matter, we dispose of the matter finally. It appears that the petitioners, in response to a demand notice made by the

respondent Municipal Corporation for payment of property tax, made a representation dt.13.2.2015 whereby they sought exemption from such payment under Section 202 of the Greater Hyderabad Municipal Corporation Act, 1955, which is applicable to the respondent - Greater Visakhapatnam Municipal Corporation also. Learned counsel for the petitioners contends that without considering such representation, the respondent - Corporation is trying to take coercive measure for recovery of the tax.

In that view of the matter, we direct the Commissioner of the second respondent Municipal Corporation himself to consider the representation of the petitioners after giving personal hearing to them, and take a decision on this issue, with reasons. The entire exercise shall be completed within a period of four weeks from the date of communication of this order. In the event, in spite of notice, the petitioners do not turn up for hearing, then this issue would be a closed chapter. Till a decision is taken, no coercive measures shall be taken against the petitioners. The writ petition is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.

________________________ K.J. SENGUPTA, CJ _______________________ SANJAY KUMAR, J 7.4.2015 bnr