HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 6224 OF 2009 DATED 29th December, 2014.
BETWEEN Kadiam BalaVenkata Ramachari ….Petitioner And The Bhadrachalam Municipality, Rep. by its Commissioner, Bhadarachalam, Khammam District and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 6224 OF 2009
ORDER:
This Writ Petition was filed challenging the notice in Rc.No.M.C./P.1/43/2008, dated 7.3.2009 issued by the first respondent for attachment of the immovable property of the petitioner on account of his non payment of Rs.95,000/- in respect of Godavari Ferry License granted for the year 2008- 2009.
The constitution of Bhadrachalam as Municipality through G.O.Ms.No.525, Municipal Administration & Urban Development (Ele.II) Department, dated 21.05.2005 is challenged before this Court by way of Public Interest Litigation in Writ Petition No. 14613 of 2005 and a Division Bench of this Court through its order dated 8.8.2005 suspended the operation of the said G.O. and subsequently the said interim order was made absolute and the Writ Petition is pending adjudication. It is submitted by the learned Counsel for the petitioner that the Badrachalam Municipality ceased to exist in view of the orders of the Division Bench of this Court and as Bhadrachalam is situated in the scheduled area and in view thereof, the impugned notice issued by the first respondent in the capacity of the Commissioner of Bhadrachalam Municipality is without any authority of law and the same is liable to be set aside. He further submitted that in the similar and identical circumstances, this Court allowed Writ Petition Nos. 2863 and 20863 of 2008 by common order dated 10.09.2014.
Inasmuch as the Bhadrachalam Municipality ceased to exist and the Bhadrachalam Gram Panchayat, which is arrayed as second respondent herein is having jurisdiction to deal with the matter, the impugned notice dated 7.3.2009 of the first respondent is liable to be set aside and is accordingly set aside. The Writ petition is allowed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 29th December, 2014. Msnrx