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.33804 OF 2014
DATED: 19.11.2014 Between:
M.Suresh … Petitioner And The Greater Visakhapatnam Municipal Corporation … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.33804 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
The petitioner filed this Writ Petition challenging order, dated 22.03.2014 by which the property tax has been enhanced from Rs.38,744/- to Rs.2,42,123/- with effect from 01.04.2013.
It appears from the impugned order that initially, a proposal was made for enhancement of property tax to Rs.3,50,949/- for half year with effect from 01.04.2010, but it was recorded therein that after hearing of the petitioner and recording his statement, it was reduced to the aforesaid figure. In the impugned order, it was recorded that the petitioner attended for hearing but the date was kept blank.
In the Writ Petition, it has been specifically stated that no hearing has taken place. Therefore, going by the respondent’s own document and examining the statement and averment of the writ petitioner, we are inclined to accept that no hearing was given otherwise date of hearing would have been mentioned in the impugned order.
Learned Standing Counsel for the respondent says that in his record, the date was recorded. We are unable to accept his submission as we shall look into what was communicated to the writ petitioner and placed before us, not lying in their record.
Therefore, we set aside the impugned order and direct the respondent to give fresh hearing after serving notice on the petitioner and pass appropriate order without being influenced by the reasoning mentioned in the impugned order. The entire exercise shall be completed within three weeks from the date of communication of this order.
The Writ Petition is accordingly allowed. No order as to costs.
19th NOVEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni