Telangana High Court
Shabbir Taher Chass vs State Of Telangana on 30 June, 2021
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.6127 of 2021
ORDER:
Heard the learned counsel for the petitioners, the learned
Government Pleader for Municipal Administration and Urban
Development for respondent No.1, and Sri N. Ashok Kumar, the
learned Standing Counsel for GHMC appearing for respondent
No.2. With their consent, the Writ Petition is disposed of at the stage
of admission itself.
This writ petition is filed seeking a writ of mandamus declaring
the action of the respondent No.2 in insisting the petitioners to
produce the latest property tax receipts for considering their
application for building permission, as illegal and arbitrary.
As seen from the record, on an earlier occasion, when the
official respondents have issued a Notice demanding an amount of
Rs.5,72,304/- towards property tax, petitioner No.1 had approached
the City Small Causes Court, Hyderabad, and filed Municipal
Appeal vide M.A.No.45 of 2015. The learned Chief Judge, City Small
Causes Court, Hyderabad, vide judgment dated 18.04.2017, while
remanding the matter back to the respondent Corporation to assess
the tax in respect of the petition schedule property afresh, directed
petitioner No.1 to pay 40% of the demanded amount, after
deducting the amount paid by him pursuant to the order dated
05.02.2015 passed in I.A.No.89 of 2015.
Pursuant to the said judgment, authorities of the respondent
Corporation authorities have assessed the property tax afresh and
issued the notice dated 27.04.2021 demanding an amount of
Rs.19,58,505/-. The said demand notice is the subject matter of
challenge in M.A.No.96 of 2021 on the file of the Chief Judge, City
Small Causes Court, Hyderabad. In the said M.A., petitioner No.1
filed I.A.No.167 of 2021 seeking stay of the demand notice dated
27.04.2021, and the learned Chief Judge vide order dated 02.06.2021
suspended the operation of the demand notice till 28.06.2021 and
directed petitioner No.1 to pay 10% of the total demanded amount.
Learned counsel for the petitioners states that pursuant to the
interim order dated 02.06.2021 passed by the learned Chief Judge,
City Small Causes Court, Hyderabad, in I.A.No.167 of 2021 in
M.A.No.96 of 2021, petitioner No.1 has already paid 10% of the
demanded tax amount.
Having regard to the same, without going into the merits or
demerits of the case, the writ petition is disposed of with the
following directions:
The petitioner No.1 shall file an Undertaking before the
Municipal Authorities that he will abide by the final orders likely to
be passed by the Chief Judge, City Small Causes Court, in
M.A.No.96 of 2021, and also file the receipt evidencing payment of
10% of the demanded amount of Rs.19,58,505/-, as directed by the
Chief Judge, City Small Causes Court, vide order dated 02.06.2021 in
I.A.No.167 of 2021 in M.A.No.96 of 2021. On receiving such
Undertaking and receipt, the competent authority shall process the
application of the petitioners for granting building permission,
without insisting either for payment of balance 90% of the amount
demanded in the notice dated 27.04.2021 or for production of the
latest tax receipts and pass orders accordingly if the application is
otherwise in order.
The learned Chief Judge, City Small Causes Court,
Hyderabad, is directed to pass final orders in M.A.No.96 of 2021, on
merits, strictly in accordance with law, as expeditiously as possible,
preferably within a period of three months from the date of receipt
of a copy of this order.
The miscellaneous petitions pending, if any, shall stand
closed. There shall be no order as to costs.
________________________
A.ABHISHEK REDDY, J
Date : 30.06.2021
Note: Registry is directed to communicate
a copy of this order to the Chief Judge,
City Small Causes Court, Hyderabad,
for information and taking necessary action.
B/o
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