IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.6847 OF 2003 DATED: 08-10-2014 Between:
M/s. SRMT Limited … Petitioner And The State of A.P., Gram Panchayat Department, rep. by its Principal Secretary, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.6847 OF 2003
ORDER: (per Hon’ble Sri Justice Sanjay Kumar)
This writ petition is filed assailing the levy of daily tax of Rs.10/- on the vehicles of the petitioners on the basis of Resolution No.95 dated 30.01.2003 passed by Venkatagiri Gram panchayat, on the ground that the same is without jurisdiction and contrary to the provisions of Andhra Pradesh Panchayat Raj Act, 1994.
At the time of admission of this matter on 21.04.2003, this Court granted interim orders directing the respondents not to levy or collect the daily tax on the vehicles of the petitioner.
Despite service of notice, none of the respondents have chosen to file a counter before this Court. There is no appearance on their behalf also.
As per the averments in the writ petition, the third respondent was the successful bidder in the auction held by the Gram Panchayat for the period 2003-04 for collection of the subject tax. Obviously, no tax was collected from the petitioner by virtue of the interim orders granted in this writ petition. As the auction was for a limited period and the right of the third respondent to collect tax was defined thereby, the issue raised in this writ petition has now become purely academic and does not survive for consideration. The writ petition is accordingly closed making the interim order absolute. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 08-10-2014 Svv