WP/24210/2004 of V.Mallaiah, Vs The Commissioner, on 29 December 2004

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE MR JUSTICE M.H.S. ANSARI

and THE HON'BLE MR JUSTICE ELIPE DHARMA RAO

WRIT PETITION NO : 24210 of 2004

Between:

V.Mallaiah, s/o Rama Lingam,r/o Shampeta, Warangal.

AND

..... PETITIONER

The Commissioner, Municipal Corporation of Warangal,Warangal-506 007.

.....RESPONDENT

Petition under Article 226 of the Constitution of India prayingthat in the circumstances stated in the affidavit filed herein the HighCourt may be pleased to issue a writ, order or direction and moreparticularly one in the nature of writ of mandamus declaring theimpugned demand notice in Bill No.0423040157 dated 1-11-2004 asillegal, arbitrary, exorbitant, discriminatory and void; andconsequently set aside the same by directing the respondent to levyand collect property tax of Rs.402/- per annum and pass such otheror further orders Counsel for the Petitioner:MR.BATHINI PAPA RAO GOUDCounsel for the Respondent No.: MR.P.RADHAKRISHNA

The Court at the stage of admission made the following :

O R D E R (Per MHSA,J)

Petitioner has questioned the demand notice under bill dated1.11.2004.

2 . As petitioner has efficacious remedy of appeal against thedemand, under Section 282 of the A. P. Municipal Corporation Act,we are not inclined to entertain the instant writ petition, leaving itopen, if so advised, to avail of the said remedy.

3 . Accordingly petition is dismissed without going into the merits ofthe main controversies, at admission stage. No costs.

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M.H.S.ANSARI,J

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ELIPE DHARMA RAO

AVS

29.12.2004

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