SRI R. RAGHUNANDAN, HYDERABAD v. THE GREATER HYDERABAD, HYD AND ANOTHER
Court: High Court for State of Telangana
Bench: K.LAKSHMAN
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-12-18. SRI R. RAGHUNANDAN, HYDERABAD v. THE GREATER HYDERABAD, HYD AND ANOTHER. Read the judgment and...
Judgment text
s168 I I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION NO:2655 oF 2009 Between: years, Occ: Sri R. Raghunandan, S/o. Late Sri R. Chinna Rao, aged 45 Advocate, RJo. H. No. 1-11-21712,Begumpet, Hyderabad. ... 'ETITIONER AND 1. The Greater Hyderabad Municipal Corporation, Rep by its Commissioner' havino its Office at Tankbund Road, Hvderabad. 2. The Deputy Commissioner, Circle No. i0, The Greater Hyderabad Municipal corporation' Hyderabad ... RES,. NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to grant an order, direction or writ, more so in the nature of writ of mandamus, declaring the levey of open land tax for the years 2007-2008,2008- 2009 and penalty contained in the impugned notice bearing No.
1281/2008-09' dated 1-1 -2009 issued by the respondents, as illegal, arbitrary, highhanded' without jurisdiction or authority of law and being violative of Article 14 and 265 of constitution of lndia and consequently set aside the said demand and direct the respondents not to made any demand of open land tax against the petitioner for any year with regard to premises bearing No. 8-2-293lS2lJllllPLOT'163, Jubilee Hills, Hyderabad. l. A. NO: 1 OF 2009 (WPMP. NO:3 394 0F 2009) Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings pursuant to the impugned notice of the demand bearing No. 1281/2008-09, dated 1-1-2009 issued by the respondents with regard to the property bearing plot No. 163, Road No. 76, Jubilee Hills, Hyderabad, pending disposal of the main writ petition. l. A. NO: 1 OF 2010(WP P.
NO: 10659 OF 20101 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the occupancy certificate and mortgage created over my premises bearing No. B-2-293182lJlll/Plot 163, Jubilee Hills, Hyderabad without insisting on payment of vacant land tax on the said premises. Counsel for tfte Petitioner: SRI T. BALA MOHAN REDDY Counsel for the Respondents: SRt MIDDE ARUN KUMAR, SC FOR GHtrtlC The Court made the following: ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 2655 of 2OO9 ORDER: Heard learned counsel for the petitioner and Sri Midde Arun Kumar, learned Standing counsel appearing for respondent Nos. 2 and 3. 2. This writ petition is filed to declare the levy of open land tax for the year 2007-2008, 2008-2009 and penalty contained in the impugned notice bearing No. l28112008-2009 dated 01. 01. 2009 as illegal. 3.
I/itlc the aforesaid notice dated 01. 01. 2009, respondent No. 2 dernanded an arnount of Rs. 53,400/- towards arrears up to January 2009 and current demand for the year 2008-2009, an amount of Rs. 24,030/- towards penalty up to January, 2009. Vide order dated 12. 12. 2009, this Court granted interim suspension of the said order on condition of petitioner depositing one-half of the amount demanded by respondent No. 2 on or before 31. 03. 2009. According to petitioner, he has paid the entire amount and he has filed property tax receipts along with memo vide USR No. 125475 of 2024 dated l7. l?. 2024 \ I 4. tn the light of the same, this Court directed Sri Midde Arun Kumar, leamed Standing counsel for respondent Nos. 2 and 3 to get instructions and on instructions he would submit that petitioner has no due to the respondents including alTears of propefty tax. 5. At this stage, Sri T.
Bala Mohan Reddy, learned counsel appearing for the petitioner, on instructions would submit that in the Encumbrance Cerlificate, it is mentioned that "subject to result of the writ petition". Petitioner will submit an application to respondent No. 2/Deputy Commissioner with a request to delete the same and a direction may be given to hirn to cor. rsider the same. 6. In the light of the said subrnission, rnore particularly, the submission made by leamed Standing counsel appearing for respondent Nos. 1 and 2 that petitioner has no due of property tax as today to the respondent Corporation, this writ petition is on disposed of granting liberly to the petitioner to submit representation to the respondent No. 2 with a request to delete "subject to result of the writ petition" in the Encumbrance Certihcate within ten (10) days lrorn the date of receipt of copy of this order aud on receipt ol said representation, respondent No.
2 / -1 shall consider the same and dispose it of within four (04) weeks thereafter. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD'- K. AMMAJI / / REGISTRAR ASSISTANT ,TTRUE COPY'/ CTION OFFICER \ To :':,,"' f :Tn[[ss:f. ;! fl]#,;! s'f*ilfi''. L:]:ff:;'fi "! f i${'-gqgt5tffi''d6-*---"neers*n:? 3ru"r PSK. PSK tfr- HIGH COURT DATED:1811212024 ORDER i r{ F- S T. ,r . i WP. No. 2655 of 2009 ;) t :,. 1t I FtB ? 025 * PATcI{ DISPOSING OF THE WRIT PETITION WITHOUT COSTS (+ 16|r-['s-
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