THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.10895 of 2001
DATED:23.7.2014 Between:
Azmeera Dusru, Chittiramavaram Village, Kothagudem Mandal, Khammam District and others.
And Kothagudem Municipality, Represented by its Commissioner, Khammam District.
… Petitioners ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No. 10895 of 2001
Order: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
We have checked up the record and we find that the writ petition was admitted on 8.6.2001. At the stage of admission, this Court passed an interim order staying the impugned notice.
The contention of the petitioners is that at the relevant point of time, when the demand was raised, the petitioners were not occupying or owning any property within the municipal limits of the respondent-municipality. According to us, this is absolutely a factual aspect of the matter. So, the Writ Court is not in a position to take evidence to conclude the same finally.
We, therefore, dispose of the writ petition permitting the petitioners to make a comprehensive representation to the respondent-municipality enabling it to conclude whether at the relevant of point of time when the demand was made, the property in relation to which the property tax is demanded is situated within the municipal area limits or not. If such a representation is made within a period of four weeks from the date of receipt of a copy of this order, the respondent- municipality shall decide the matter upon giving personal hearing to the petitioners and by passing a speaking order. In that process, the respondent- municipality can come to the conclusion whether at the relevant point of time when the demand was made whether the property, which is the subject matter of the present writ petition fell in the municipal area limits or not and thereafter, to pass appropriate orders. This exercise shall be completed within a period of four weeks from the date of receipt of the representation. In the event of failure to file such representation, this writ petition shall stand dismissed and the interim order earlier granted shall stand vacated and the demand notice will revive. In the event, a representation is made in terms of our order, till a decision is taken on the said representation, the interim order passed earlier will continue.
The miscellaneous applications, if any pending, shall also stand closed.
No costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 23rd July, 2014 pnb HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MAIN CASE NO: Writ Petition No.16895 of 2001
PROCEEDING SHEET