THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.26146 of 2014
DATED:9.9.2014 Between:
P. Fairoz Khan, Kadapa City, YSR District.
And The Commissioner, Kadapa Municipal Corporation, Kadapa.
… Petitioner ….Respondent THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Petition No.26146 of 2014
Order: (per Hon’ble Sri Justice Sanjay Kumar) The grievance of the petitioner is with regard to enhancement of the property tax effected by the Kadapa Municipal Corporation, Kadapa, in respect of his property.
It is the specific complaint of the petitioner that his representation dated 21.2.2014 was not taken into consideration by the respondent-Corporation and that the enhancement of the property tax was being given effect to without putting him on notice or giving him an opportunity of hearing. This aspect of the matter is not disputed by the learned counsel appearing for the respondent-Corporation.
In these circumstances, we are of the opinion that the order passed by the respondent-Corporation effecting enhancement should be kept in abeyance till the petitioner is given an opportunity of hearing to explain his stand. After such exercise, it shall be open to the respondent-Corporation to either nullify, modify or revise its earlier order with regard to enhancement of the property tax. In the event the petitioner fails to appear before the respondent-Corporation despite a notice being issued to him, this order shall stand recalled and the writ petition will stand dismissed and the impugned notices of enhancement of property tax shall be given effect to.
The writ petition is accordingly disposed of. Pending miscellaneous applications shall stand closed in the light of this final order. No order as to costs.
K.J. SENGUPTA, CJ 9th September, 2014 pnb SANJAY KUMAR, J