IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA
AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No. 13802 OF 2013 DATE: 24.01.2014 Between:
M. Dayananda Kumari … Petitioner And The Andhra Pradesh Industrial Infrastructure Corporation Ltd., rep., by its Managing Director, Hyderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 13802 of 2013 ORDER: (Per the Hon’ble Sri Justice Sanjay Kumar) The action of the Andhra Pradesh Industrial Infrastructure Corporation Limited in issuing a demand notice for payment of property tax with regard to Plot No.B-8, Industrial Park, Nellore, allotted to the petitioner, is called in question.
Interim order was passed on 30.04.2013 granting stay of the operation of the impugned demand notice subject to the petitioner paying 50% of the demanded property tax.
It is now conceded by the learned Standing counsel for the Andhra Pradesh Industrial Infrastructure Corporation Limited that the issue raised in this writ petition is squarely covered by the judgment dated 19.09.2013 passed by a Division Bench of this Court in W.P.No.11988 of 2013 and batch. By the said judgment, this Court held that once the Municipal Corporation came into existence, unless there is a notification issued under Section 3 of the Andhra Pradesh Municipal Corporations Act, 1994, the Andhra Pradesh Industrial Infrastructure Corporation Limited would not be authorized to exercise the powers of the Municipal Corporation. In the light of the above judgment the impugned demand notice in the present case cannot be sustained and the same is accordingly set aside. The payment of property tax made pursuant to the interim order of this Court shall be duly adjusted.
The writ petition is allowed to the extent indicated above. Pending miscellaneous petitions, if any, shall stand dismissed in the light of this order. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 24.01.2014 ES