Telangana High Court
WP/39962/2014 of Little Flower Girls Jr College, Vs State of Telangana, on 31 December 2014
JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.39962 OF 2014 DATED: 31.12.2014 Between: Little Flower Girls Jr. College
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HIGH COURT OF JUDICATURE AT HYDERABADFOR THE STATE OF TELANGANA AND THE STATE OF ANDHRAPRADESH
PRESENT
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.39962 OF 2014
DATED: 31.12.2014
Between:
Little Flower Girls Jr. CollegeShanthi Nagar5-11-341/1, Shanti NagarNalgonda TownNalgonda DistrictRep. by Principal, Sister Showrilamma … Petitioner
And
State of TelanganaRep. by its Principal Secretary to Govt.,Municipal Administration & Urban DevelopmentHaving office at SecretariatHyderabadand another … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION NO.39962 OF 2014
ORDER:(per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
Learned counsel for the petitioner submits that though therespondent municipality has approached the District Legal ServicesAuthority for settlement of dispute in Lok Adalat by passing award, havingregard to the nature of the controversy, he says that it is not competent todecide the matter and wants adjudication.
In that view of the matter, it would be open for the petitioner to goto the Lok Adalat. If the writ petitioner does not go to the Lok Adalat, itcannot bring about any settlement and compromise. The writ petitionershall give an intimation to the Lok Adalat expressing its intention withinseven days from date. In the event the writ petitioner does not go to theLok Adalat, then the Commissioner of the respondent municipality shallconsider the petitioner’s representation in accordance with law, by givingpersonal hearing, and thereafter pass a speaking order without beinginfluenced by the earlier decision taken. The entire exercise shall becompleted within a period of eight weeks from the date of communicationof this order.
The demand for payment of the tax is accordingly kept inabeyance and it may be reversed in the event the claim of the petitioneris not accepted by the Commissioner after considering all aspects of thematter.
The writ petition is accordingly disposed of.
Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.
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K.J. SENGUPTA, CJ
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31.12.2014 SANJAY KUMAR,J bnr/gbs