High Court for State of TelanganaWP/38757/2013disposed of no costs

Smt. M. Shailaja Devi v. The Government Of Andhra Pradesh

2013-12-313 pages

IN THE HIGH COURT OF JUDICATURE, ANDHRA

PRADESH AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND THIRTEEN PRESENT THE HON'BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SEN GUPTA AND THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO. 38757 OF 2013 Between:

Smt. M. Shailaja Devi ..... Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration, Secretariat Buildings, Hyderabad and others .....Respondents The Court made the following :

JUDGMENT: (per the Hon'ble the Chief Justice Sri K.J. Sengupta) After hearing learned counsel for the parties, we

gathered that identical issue has been disposed of by order of this Court in W.P. No. 38039 of 2013 dated 26.12.2013.

Accordingly, we pass similar order in this writ petition directing the respondent - Municipal Corporation to keep the impugned demand for payment of property tax in abeyance until a decision in terms of this order is taken. The Corporation shall serve notice to the petitioner to take a decision on the representation made by the petitioner. In spite of such notice, if the petitioner does not turn up, the order passed by us today will stand recalled and the demand for payment of property tax at enhanced rate will stand revived. In the event the petitioner turns up for hearing, she should be heard and thereafter a speaking order shall be passed. In the process, the original valuation as well as fixation of property tax may be modified/varied as the situation warrants.

The entire exercise shall be completed within six weeks from the date of communication of this order. In the meantime, the petitioner shall pay the property tax in the demand as per the old valuation. This payment will abide by the result of decision to be taken by the Corporation on the representation of the petitioner. We make it clear that we have not observed anything on the merits of the case.

With the above directions, the writ petition is disposed of. There will be no order as to costs. Consequently, W.P.M.P. No.48178 of 2013 filed by the petitioner for interim relief stands closed. ______________________ Kalyan Jyoti Sengupta, CJ.

______________ Sanjay Kumar, J.

December 31, 2013 MAS