Andhra Pradesh High Court

WP/24413/2026 of M IMTHYAS KHAN Vs THE STATE OF ANDHRA PRADESH on 30 August 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 24413/2026 Between: 1. M IMTHYAS KHAN, S/O. M. KHARIMULLA KHAN, AGED 46 YEARS, OCC BUSINESS, R/O.

APHC010440162026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE 31st DAY OF AUGUST 2026

PRESENT

THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 24413/2026

Between:

1. M IMTHYAS KHAN, S/O. M. KHARIMULLA KHAN, AGED 46 YEARS, OCC BUSINESS, R/O. D.NO.24-10-96, MBT ROAD, PUNGANUR

TOWN,

PUNGANUR

MANDAL,

ANNAMAYYA

DISTRICT.

(ERSTWHILE CHITTOOR DISTRICT).

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY,

MUNICIPAL

ADMINISTRATION

DEPARTMENT,

SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT-

522238.

2. THE PUNGANUR MUNICIPALITY, REP BY ITS COMMISSIONER, PUNGANUR, ANNAMAYYA

DISTRICT-517325

(ERSTWHILE

CHITTOOR DISTRICT).

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a Writ of Mandamus or any other appropriate writ, order or direction, declaring the demand notices dt.16.05.2026 in demanding the enhanced property tax in respect of the petitioner's house bearing 24-11,11/1

to 9 situated at Taj Nagar, Revenu Ward No.24, Punganooru, Annamayya District (erstwhile Chittoor), without issuing any prior notice, without conducting any enquiry, without affording any opportunity and without following any due procedure contemplated under law is illegal, arbitrary and consequently set aside the same

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay of insisting of arrears of property tax in pursuant to the demand notice dated 16.05.2026 issued by the 2nd respondent pending disposal of writ petition Counsel for the Petitioner:

1. N ASWARTHA NARAYANA

Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

WRIT PETITION NO: 24413 of 2026

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ORAL ORDER:-

1. This Writ Petition is filed seeking a Writ of Mandamus declaring the action of the respondents in issuing the demand notice dated 16.05.2026, demanding enhanced property tax in respect of the petitioner’s house bearing No.24-11, 11/1 to 9, situated at Taj Nagar, Revenue Ward No.24, Punganoor, Annamayya District (erstwhile Chittoor District), without issuing any prior notice, without conducting any enquiry, without affording any opportunity to the petitioner and without following the due procedure contemplated under law, as illegal and arbitrary, and consequently to set aside the same.

2. Heard Ms.M.Devi Sreevathsa, learned counsel representing for Sri N.Aswartha Narayana, learned counsel for the petitioner and Sri Gudapati Lakshmi Narayana, learned Standing Counsel for the Municipality for the respondent No.2.

3. Learned Standing Counsel for the Municipality would submit that an alternative and efficacious remedy is available to the petitioner against the impugned demand notice enhancing the property tax. However, without availing the said alternative remedy, the present Writ Petition has been filed.

4. In the light of the submissions made by the learned counsel on both sides, and considering the fact that an alternative and efficacious remedy is available to the petitioner, and it is not the case of the petitioner that the respondents do not have jurisdiction to issue the impugned demand notice, the Writ Petition is disposed of, leaving it open to the petitioner to place their grievance before the respondent No.2, and also can challenge the decision of the respondent No.2 in Revision according to Governing Rules and Law. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 31.08.2026. UPS

WRIT PETITION NO: 24413 of 2026

Dt.31.08.2026

UPS

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