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.39962 OF 2014 DATED: 31.12.2014 Between:
Little Flower Girls Jr. College Shanthi Nagar 5-11-341/1, Shanti Nagar Nalgonda Town Nalgonda District Rep. by Principal, Sister Showrilamma … Petitioner And State of Telangana Rep. by its Principal Secretary to Govt., Municipal Administration & Urban Development Having office at 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.39962 OF 2014 ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) Learned counsel for the petitioner submits that though the respondent municipality has approached the District Legal Services Authority for settlement of dispute in Lok Adalat by passing award, having regard to the nature of the controversy, he says that it is not competent to decide the matter and wants adjudication.
In that view of the matter, it would be open for the petitioner to go to the Lok Adalat. If the writ petitioner does not go to the Lok Adalat, it cannot bring about any settlement and compromise. The writ petitioner shall give an intimation to the Lok Adalat expressing its intention within seven days from date. In the event the writ petitioner does not go to the Lok Adalat, then the Commissioner of the respondent municipality shall consider the petitioner’s representation in accordance with law, by giving personal hearing, and thereafter pass a speaking order without being influenced by the earlier decision taken. The entire exercise shall be completed within a period of eight weeks from the date of communication of this order.
The demand for payment of the tax is accordingly kept in abeyance and it may be reversed in the event the claim of the petitioner is not accepted by the Commissioner after considering all aspects of the matter.
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 31.12.2014 SANJAY KUMAR, J
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