V Krishna Kumari vs The State Of Ap
2022 Latest Caselaw 5816 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                   PETITION No.27506 of 2022

JUDGMENT:-

1.    Sri L.J.Veera Reddy, learned counsel for the petitioner

and Sri G.Naresh Kumar, learned counsel, representing Sri

M.Manohar       Reddy,     learned    Standing     Counsel        for    the

respondent No.2.

2. With the consent of the learned counsels for the parties,

the petition is being disposed of at this stage finally.

3. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is, therefore, prayed that this Hon'ble High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents particularly 2nd respondent in disposing of petitioner's representation by way of legal notice dt. 30-03-2022 by refunding the amount claimed in pursuance of the same though the petitioner is entitled as illegal, unjust, arbitrary, high handed and dilatory and consequently direct the respondents particularly 2nd respondent to dispose of petitioner's representation by way of legal notice dt. 30-03-2022 by refunding the amount claimed and pass such other order or orders as this Hon'ble High Court may deem fit and proper in the circumstances of the case."

4. Learned counsel for the petitioner submits that the

respondent No.2 collected the Vacant Land Tax in excess of

what was due. He submits that after construction of the

building, no Vacant Land Tax could be collected. For refund of

the excess Vacant Land Tax, the petitioner has submitted

representation dated 30.03.2022 in the form of legal notice

requesting the respondent No.2 to refund but till date no order

has been passed.

5. As the petitioner has already approached the respondent

No.2 for the grievance as raised in this petition, the interest of

justice would be met, if the direction is issued to the respondent

No.2 to consider the petitioner's representation dated

30.03.2022, in accordance with law, within a period of two (02)

months from the date of production of copy of this order before

the said authority along with copy of the representation dated

30.03.2022.

6. Accordingly, at this stage, without entering into the merits

of the contention as to the liability or no liability of the

petitioner to make the payment of the Vacant Land Tax or

liability for any determined amount, the respondent No.2 is

directed to consider the petitioner's representation dated

30.03.2022, as mentioned above in Para No.5.

7. The writ petition is disposed of finally with the above

observations & directions.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 30.08.2022

NOTE:-

Issue C.C. by 09.09.2022 B/o SCS

74466446544455554646

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.27506 of 2022

Date: 30.08.2022

Scs