Telangana High Court

WP/27206/2009 of Rohit Agarwal Vs The Greater Hyderabad Municipal Corporation on 29 December 2009

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COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 27206 of 2009 Between: Rohit Agarwal S/o. Late Sri Nandlal R/o H.No. 4-1-306,

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND NINE

:PRESENT:

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 27206 of 2009

Between:

Rohit Agarwal S/o. Late Sri NandlalR/o H.No. 4-1-306, Troop Bazar, Hyderabad

..... Petitioner

AND

1. The Greater Hyderabad Municipal Corporation, Rep. by the Commissioner,HyderabadHyderabad

2. The Greater Hyderabad Municipal Corporation, Rajendranagar Circle-6,. Rep., bythe Deputy Commissioner, Rajendranagar Mandal, R.R. District.the Deputy Commissioner, Rajendranagar Mandal, R.R. District.

.....Respondents

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased to issue awrit, order or direction more particularly one in the nature of writ of certiorari a) Call for therecords/proceedings pertaining to the assessment/revision of property tax in respect of thepetitioner’s property bearing Municipal No.7-4-150/4, Gagan Pahad, Rajendranagar Mandal,Ranga Reddy District from the 2nd respondent’s jurisdiction and quash the same for beingarbitrary illegal, in violation of the principles of natural justice and in violation of themandatory statutory provisions of the Hyderabad Municipal Corporation Act 1955 and inviolation of Article 14 and Article 21 of the Constitution of India and; b) declare the impugneddemand notice dated 9-12-2009 issued by the respondent corporation as illegal for beingultra vires of the mandatory statutory provisions of the Hyderabad Municipal CorporationAct, 1955 and consequently set aside the same and c) further be pleased to pass suchother further orders as deemed fit and proper in the circumstances of the case; The petition coming on for hearing, upon perusing the petition and theaffidavit filed herein and the order of the High Court dated 14-12-2009 & 17-12-2009 madeherein and upon hearing the arguments of SRI P. THIRUMALA RAO, Advocate for thePetitioner and of Sri R. Radhakrishna Reddy, S.C. for GHMC for the respondents, the Courtmade the following:

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ORDER:

“The Deputy Commissioner, Rajendranagar Circle, and her previousincumbent have appeared and stated that the impugned notice was issued bymistake. They also undertook to take corrective steps. Their presence is Post on 19/12/2009 ‘for Judgment’ in the Motion List.”

// TRUE COPY //

ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

To

1. The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad

2. The Deputy Commissioner, Greater Hyderabad Municipal Corporation,Rajendranagar Circle-6,. Rajendranagar Mandal, R.R. District.Rajendranagar Circle-6,. Rajendranagar Mandal, R.R. District.

3. One C.C.to Sri P.Thirumala Rao Advocate. (OPUC)

4. One C.C.to Sri R.Radhakrishna Reddy Advocate. (OPUC)

5. one spare copy.

TKK

HIGH COURT

DATED 24-12-2009

ORDER

W.P.NO. 27206 OF 2009

D I R E C T I O N

DRAFTED BY TKK

DT.24-12-2009.

HIGH COURT

LNR.J

DATED 24-12-2009

Note :- Post on 19/12/2009 ‘for Judgment’

in the Motion List.

ORDER

W.P.NO. 27206 OF 2009

D I R E C T I O N

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