Citation : 2022 Latest Caselaw 5301 Tel
Judgement Date : 26 October, 2022
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
WRIT PETITION No.39419 of 2022
O R D E R:
The writ petition is filed seeking the following relief:
"... to issue a writ or any other appropriate writ order or orders direction or directions particularly Writ Mandamus declaring the action of the 3rd respondent in not correcting the online data base of property tax in respect of premises bearing Municipal No.8-2-696/697 (PTIN No. 1100837791) situated at Banajara Hills, Road No.12, Hyderabad by considering representations dated 05.10.2021, 21.02.2022 and 18.08.2022 in compliance of Judgment dated 22.06.2021 passed in M.A. No.137 of 2020 as arbitrary illegal and ....".
2. Mr. Ghanta Rama Rao, learned senior counsel representing
Mr. Mohd Islamuddin Ansari, learned counsel for the petitioner
submits that the petitioner has been paying the property tax of
Rs.67,184/- per annum in respect of house bearing No.8-2-
696/697 and in the year 2015, the respondents have issued a
demand notice for an amount of Rs.16,47,237/- without following
the procedure as contemplated under the provisions of GHMC Act.
Then the petitioner has filed M.A.No.74 of 2015 on the file of Chief
Judge, City Small Causes Court at Hyderabad and by judgement
dated 06.10.2015, the appeal is allowed and the demand notice
dated 09.01.2005 issued by the respondents is set aside and the
petitioner is directed to pay the property tax of three years as
claimed in the impugned demand notice at Rs.67,184/- per
annum. He submits that the petitioner has paid the arrears and
continued to pay the tax as per the judgement passed in
M.A.No.74 of 2015. Thereafter, when the website is showing
arrears, the petitioner has further filed M.A.No.137 of 2020 and
the same was also allowed by the judgement dated 22.06.2021,
whereby the demand notice dated 03.09.2020 for an amount of
Rs.27,87,201/- was set aside. He submits that the respondents
are not following the due procedure and in spite of the judgements
passed in M.A.Nos.74 of 2015 and 137 of 2020, they have not
rectified the said mistakes and even though the petitioner is
complying with the judgement passed in M.A.Nos.74 of 2015 and
137 of 2020 and paying the arrears, no steps are taken by the
respondents to correct the data thereafter and still they are
showing in the website that the petitioner has to pay arrears in
spite of the latest judgement passed in M.A.No.137 of 2020.
3. Mr. K. Siddhardh Rao, learned standing counsel for the
respondent municipality submits that they will consider the
representation of the petitioner dated 18.08.2022 in the light of
the judgement passed by the in M.A.No.137 of 2020.
4. Accordingly, the writ petition is disposed of directing the
respondents to consider the representation of the petitioner dated
18.08.2022 within a period of six (6) weeks from the date of receipt
of copy of the order. There shall be no order as to costs.
The Miscellaneous Applications, if any shall stand
automatically closed.
_______________________________ LALITHA KANNEGANTI, J 26th October, 2022 gvl
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