Citation : 2025 Latest Caselaw 4080 Tel
Judgement Date : 19 June, 2025
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.17044 OF 2025
ORDER:
(ORAL)
Heard Mr. P. N. Dayakar, learned counsel for the petitioner,
and Mr. G. Madhusudhan Reddy, learned standing counsel for the
Greater Hyderabad Municipal Corporation (GHMC), appearing for
respondent Nos.2 to 5.
2. Learned counsel for the petitioner submitted that the leased
property of the petitioner i.e., "SHOOTERS", a Men's Wear Retail
Outlet situated at H.No.3-4-419, Shop Nos.4 and 5, Varkantham
Complex, Kachiguda X Roads, Hyderabad, was sealed by the
GHMC for non-payment of property tax arrears.
3. Learned standing counsel for GHMC submitted that the
petitioner has in fact admitted the liability of arrears of property tax
and issued two (2) cheques (i) Cheque No.000219 dated 20.03.2025
for a sum of Rs.1,54,992/- and (ii) Cheque No.00218 dated
25.03.2025 for a sum of Rs.1,42,617/-. However, both the cheques
were dishonored. Thus, the property of the petitioner was sealed.
4. Leaned counsel for the petitioner submitted that under
coercion petitioner had to issue cheques as the GHMC authorities
threatened to seal his property. Petitioner is ready to pay the current
property tax.
5. Learned counsel for the petitioner relied upon the judgment of
this Court in Punjala Vinay Kumar v. The State of Telangana
(W.P. No.684 of 2022 dated 22.04.2025), wherein, it was held that
the GHMC authorities are entitled to recover the property tax arrears
of three (3) years and beyond three (3) years, they have to institute a
suit, subject to the law of limitation.
6. However, learned counsel for the petitioner fairly submitted
that the petitioner is willing to pay fifty percent (50%) of the total
admitted tax arrears, and arrears of three (3) years shall be paid
forthwith.
7. In view of the judgment of this Court in Punjala Vinay
Kumar's case (supra), and submissions of the learned counsel for
the petitioner, the writ petition is allowed in part, directing the
petitioner to pay 50% of the admitted tax amount of his property i.e.,
"SHOOTERS", a Men's Wear Retail Outlet situated at H.No.3-4-
419, Shop Nos.4 and 5, Varkantham Complex, Kachiguda X Roads,
Hyderabad, in two (2) installments. The First installment of three
(3) years tax arrears shall be paid by the petitioner forthwith, and on
such payment the GHMC authorities are directed to unseal the
petitioner's property. The Second installment shall be paid by the
petitioner within a period of four (4) weeks after the payment of the
first installment. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any,
pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J
June 19, 2025.
Note: Issue CC by 20.06.2025 (BO) MS.
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