Kinthali Govinda Rao vs The Municipal Corporation
2021 Latest Caselaw 2950 AP

                   HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATI


MAIN CASE NO.: C.M.S.A.No.11 of 2021
                                    PROCEEDING SHEET
Sl.      Date                                     ORDER                                OFFICE
No.                                                                                     NOTE
1.    09.08.2021   MVR,J                                                               Tr. to I-O
                                           I.A.No.1of 2021                               folder
                                                                                        before
                                                                                       correctio
                           Heard.                                                      ns if any.
                                                                                       Pl.verify.
                           For the reasons stated in the affidavit filed in
                    support of this petition, delay of 89 days in representing
                    the appeal memo is condoned.
                        Accordingly, this petition is allowed.

                                                                             ______
                                                                             MVR,J
                                       C.M.S.A.No.11 of 2021
                           Heard Sri P.Rama Sharana Sharma, learned counsel
                    for the appellant.
                           Upon consideration of the decrees and judgments of
                    the trial Court as well as the 1st appellate Court, since the
                    following   substantial       questions   of   law   arise   for
                    determination in the second appeal, ADMIT.
                         1. Whether the procedure contemplated under
                             Section 217 of the Greater Hyderabad Municipal
                             Corporation Act, regarding ratable value of the
                             building, is not followed in the instant case, in
                             that event is it valid to enhance the tariff?
                         2. When the Court below entertained the first
                             appeal and dealt with the merits of the case, can
                             still dismiss the same on the ground that the
                             appellant must comply the conditions under
                             Section     282(2)    of   the   Greater    Hyderabad
                             Municipal Corporation Act?
                       Issue notice to the respondent to submit arguments in

respect of above substantial questions of law(Arulmighu Nellukadai Mariamman Tirukkoil v. Tamilarasi(dead) by Lrs. (AIR 2019 SC 3027) followed). List the matter during the last week of October, 2021.

______ MVR,J

Contd..

.....contd...

I.A.No.2 of 2021 09.08.2021 Heard.

There shall be interim stay of operation of the order of the 1st appellate Court, subject to the petitioner depositing all the arrears due as of now within six weeks from now and to continue to pay at the same enhanced rate to the respondent-Municipal Corporation in future during pendency of the second appeal, until further orders.

Notice.

______ MVR,J Pab