Dr Pandra Koteswaramma Aided ... vs The State Of Ap
2022 Latest Caselaw 7566 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

                                  W.P.No.32841 of 2022

                                   PROCEEDING SHEET
Sl.                                                                             OFFI
No           DATE                              ORDER                             CE
                                                                                NOTE

1.       07.10.2022     GRKP, J


                                Heard   Sri   M.   Solomon   Raju,   learned
                        Counsel for the Writ Petitioner, Sri K. Sudhakar,
                        learned Counsel appearing for Respondent No.1

and Sri M. Santosh Reddy, learned Counsel appearing on behalf of Sri K. Suresh Kumar Reddy, learned Standing Counsel for Respondent No.2.

Sri M. Solomon Raju, learned Counsel for the Writ Petitioner, has taken this Court through the averments and documents submitted along with the Writ Petition. It is stated by him that from 2016 to March, 2019, there are no arrears pending. As regards the years 2019 to till date, the tax has not been paid on account of pending dispute. It is submitted that despite the fact that there are no arrears of tax from 2016 to 2019, the Official Respondent No.2 has raised a demand for a sum of Rs.10,05,069/- as arrears from 2016 to 2021. He also placed on record a judgment of this Court in Valluri Basavaiah Chowdary and Brothers vs. Vijayawada Municipal Corporation1. He has drawn the attention of this Court to paragraph Nos.13 to 15 of the said

(2002) 1 ALD 276

judgment to indicate that the Municipal authorities cannot levy and collect the tax with retrospective effect. He also submitted that the Writ Petitioner is Dr. Pandra Koteswaramma Aided Junior College with three hundred and odd students and on the allegation that the enhanced tax has not been paid, the Respondents have seized the Writ Petitioner's institution and has disconnected water supply and cut off the drainage as seen from the photographs placed from page 26 in this Writ Petition.

Having regard to the facts of the case, this Court deems it appropriate to direct the Respondents to file Counter Affidavit within two (02) weeks and one week thereafter to the Writ Petitioner for filing Rejoinder.

List the matter on 07.11.2022.

In the mean time, the Official Respondent No.2 is directed to remove the locks at the premises, restore the water connection and provide connection to the drainage system, which is damaged by the Respondents, forthwith, in any case not later than 12.10.2022.

_____________ GRKP,J

Note: CC today B/o.

AG