IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE SEVENTEENTH DAY OF APRIL, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI KALYAN JYOTI SENGUPTA, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WP .NO: 11707 of 2014 Between:
Vagdhevi Educational Society, Represented by Smt. S.Aruna, Secretary & Correspondent D.No.3-12-55, Ganesh Nagar, Ramantapur, Hyderabad - 13.
AND . Petitioner
1 The Greater Hyderabad Municipal Corporation, Represented by its Commissioner, Tank Bund Road, Hyderabad.
2 Deputy Commissioner, Circle - II, Greater Hyderabad Municipal Corporation, Uppal, Hyderabad.
. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ or order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in demanding the payment of property tax at the enhanced rate with the threat of coercive action without disposing of representations dated 22.03.2012, 26.03.2013 and 30.03.2013 against the revision of ARV and consequential revision of tax even without serving a demand notice as arbitrary, illegal without jurisdiction and in violation of principles of natural justice.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Pawan Khumar Gade, Advocate for the Petitioner and Sri Nagesh Bheemapaka, Standing Counsel for the Respondents, the Court made the following ORDER:
We adjourn the matter for one week.
In the meantime, counter is to be filed. In default of filing counter affidavit within the time as above, the matter will be dealt with in the absence of the counter affidavit.
In the meantime, being satisfied prima facie with the total highhanded action, we restrain the respondents from collecting the amount in relation to the property tax. However, the property tax can be collected, if due, in relation to old valuation.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1 The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.
2 The Deputy Commissioner, Circle - II, Greater Hyderabad Municipal Corporation, Uppal, Hyderabad.
(Addressees 1 & 2 BY RPAD)
3 One CC to Sri Pawan Khumar Gade, Advocate (OPUC)
4 Two spare copies. nnr HIGH COURT HCJ & SK,J DATED: 17-4-2014 NOTE: Adjourned for one week ORDER W.P.NO. 11707 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 21-4-2014 HCJ & SK,J DATED: 17-4-2014 NOTE: Adjourned for one week ORDER W.P.NO. 11707 OF 2014 DIRECTION