WP/39938/2014 of Little Flower School, Vs State of Telangana, on 31 December 2014

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.39938 OF 2014

DATED:31.12.2014

Between:

Little Flower School, 5-11-3,Shanti NagarNalgonda Town, Nalgonda DistrictRep. by its Head Mistress Sister Shantha Mary … 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.39938 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