HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No. 33908 OF 2014 DATE: 26.11.2014 Between:
Mulakala Srinivasarao … Petitioner And The Greater Visakhapatnam Municipal Corporation, Rep., by its Commissioner, Visakhapatnam.
… Respondent 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. 33908 of 2014 ORDER: (Per the Hon’ble Sri Justice Sanjay Kumar) The grievance of the petitioner in this case is with regard to the order dated 27.03.2014 passed by the Greater Visakhapatnam Municipal Corporation, the respondent herein, determining the property tax payable by him in respect of his premises. The main ground of challenge is that the said order was passed in violation of the prescribed procedure and the principles of natural justice. The consequential demand notice dated 26.05.2014 is also challenged.
This Court had an occasion to deal with a similar issue in W.P.No.33804 of 2014 which was allowed by order dated 19.11.2014. A copy thereof is placed on record which reflects that, accepting the submission of the petitioner therein that he was denied an opportunity of hearing, the writ petition was allowed directing the respondent to give a fresh hearing after serving notice on the petitioner.
Since, a similar complaint is advanced in the present case as to violation of the principles of natural justice and failure to act in accordance with the statutory procedure, the impugned order dated 27.03.2014 and the consequential demand notice dated 26.05.2014 are set aside and the matter is remitted to the Greater Visakhapatnam Municipal Corporation for consideration afresh in accordance with the due procedure. Reasoned orders shall be passed in the matter after giving due opportunity of hearing to the petitioner. This exercise shall be completed expeditiously and in any event, not later than three weeks from the date of receipt of a copy of this order.
The writ petition is allowed.
Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 26.11.2014 ES