HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 26565 OF 2006 DATED 1ST AUGUST, 2014.
BETWEEN Hotel Shan Bhag, Basheerbagh, rep. By its Proprietor Vidyadhar R. Shanbagh, and ors.
….Petitioners.
and Municipal Corporation of Hyderabad, Rep. By its Commissioner, Tank Bund, Hyderabad and anr.
….Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITIION No. 26565 OF 2006
ORDER:
Heard the learned Counsel for the petitioners and the learned Standing Counsel for the respondents.
The petitioners are the Hotels or Lodging houses situated in various places in twin cities. The respondents issued demand notice proposing to collect user charges from Bulk Garbage Generators in exercise of powers conferred under Sections 480, 482, 483, 490 and 491 of the Municipal Corporation of Hyderabad Act. The said demand notice is challenged in this Writ Petition by the petitioners.
The issue raised by the petitioners in this Writ Petition is akin to the issue of collecting administrative charges by the Municipal Corporation on Boarding and Lodging Houses, Restaurants, Hotels etc., for lifting, transportation and dumping the waste at the dumping yard and it was held by this Court in Laxmi Lodge, Old Best Bazar, Warangal Vs. Government of A.P., Municipal Administration Department {2003 (1) ALT 30} that the property tax collected in respect of the premises includes conservancy tax and if the proposed administrative charges are allowed to be levied, it would amount to collection of tax twice. The said decision was followed by a learned single Judge of this Court in Writ Petition No.3916 of 2007 filed by various other hotels in twin cities when the Hyderabad Municipal Corporation was proposing to collect amount towards Bulk Garbage Generators User Charges. The said Writ Petition was allowed on 17.03.2011 following the above judgment. In view of the above two judgments of this Court, this Writ Petition is also allowed and the respondents are restrained from demanding collection of user charges from Bulk Garbage Generators.
Miscellaneous petitions pending consideration if any shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO Dated 1st August, 2014. Msnro