WP/38757/2013 of Smt. M. Shailaja Devi Vs The Government of Andhra Pradesh on 31 December 2013

IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD

TUESDAY, THE THIRTY FIRST DAY OFDECEMBER TWO THOUSAND AND THIRTEEN

PRESENT

THE HON’BLE THE CHIEF JUSTICESRI KALYAN JYOTI SEN GUPTA

AND

THE HON'BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION NO. 38757 OF 2013

Between:

Smt. M. Shailaja Devi

AND

..... Petitioner

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 byorder of this Court in W.P. No. 38039 of 2013 dated26.12.2013.

Accordingly, we pass similar order in this writpetition directing the respondent – MunicipalCorporation to keep the impugned demand forpayment of property tax in abeyance until a decisionin terms of this order is taken. The Corporation shallserve notice to the petitioner to take a decision on therepresentation made by the petitioner. In spite ofsuch notice, if the petitioner does not turn up, theorder passed by us today will stand recalled and thedemand for payment of property tax at enhanced ratewill stand revived. In the event the petitioner turns upfor hearing, she should be heard and thereafter aspeaking order shall be passed. In the process, theoriginal valuation as well as fixation of property taxmay be modified/varied as the situation warrants. Theentire exercise shall be completed within six weeksfrom the date of communication of this order. In themeantime, the petitioner shall pay the property tax inthe demand as per the old valuation. This paymentwill abide by the result of decision to be taken by theCorporation on the representation of the petitioner.We make it clear that we have not observed anythingon the merits of the case.

With the above directions, the writ petition isdisposed of. There will be no order as to costs.

Consequently, W.P.M.P. No.48178 of 2013 filedby the petitioner for interim relief stands closed.

______________________

Kalyan Jyoti Sengupta, CJ.

December 31, 2013MAS

______________

Sanjay Kumar, J.