High Court · 2025

State of Telangana, Department of Municipal Administration Rep' by its Firiipit secret6ry Secreiariat, Hyderabad' Greater Warangal Municipal Corporation' Rep by its Commissioner' Warangal. Deputy Commissioner, Kazipet Circle - ll, Greater Warangal Municipal Corporation, Warangal ...RESPONDENTS Petition under Article 226 oI lhe Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to issue an appropriate Writ, Order or Direction ' more particularly one in the nature of writ of Mandamus, declaring the high handed action of the RespondentsNo'2to3inissuingnoticesof.DisconnectionofEssential Services' with previous dates ie, DI 14tO1t2O25 and Dt 14lO2l2025' lo disconnect essential servlces in the subject property of H No' 29-1-1 and H No' 29-1-4, situated at Chintagattu Camp' Hasanparthy' Hanamkonda District (erstwhile Warangal), Telangana in a hasty manner on the ground of alleged arrears without granting reasonable time to the Petitioners as arbitrary' illegal and unjust, violative of Principles of NaturaI Justice, Violative Article 14, 19(1)(g)' 2l.3O0Aoftheconstitutionoflndia,contrarytoprovisionsoftheTelangana Municipalities Act 2019 and consequenfly Set-aside the notices Dt. l4lo1t2oz5 and Dt. 1410212025 rssued by the Respondent No. 3. lA NO: 1 OF 2025 Petition under Sectron 15r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to grant stay of all further proceedings pursuant to the issuance of the notices of the 'Disconnection of Essential Services'Dt l4loil2ozs and Dt 14lo2t2o2s and any other notices issued rn the same regard, by the Respondents No. 2 to 3 on the subject property, pending disposal of the main writ petition, in the interest of justice. Counsel for the Petitioner: SRI S.LAKSHMI KANTH + t Counsel for the Respondent NO.1: Gp FOR MCPL ADMN URBAN DEV Counsel for the Respondent NO.2 & 3: SRt pASHAM MOH|TH, SC FOR GWMC The Court made the following: ORDER HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION NO.7I[88 OF 2025 ORDER:(ORAL) This writ petition is filed aggrieved by the action of respondent No.2 - Greater Warangal Municipal Corporation (GWMC), Warangal, in issuing the notices dated 14.01.2025 and 14.02.2025 under Section 100(2) of the Telangana Municipalities Act 2019 (for short 'Act'), whereby the petitioner was directed to pay the arrears of taxes for a sum of Rs.2,81,932l- (Rupees two lakhs eighty one thousand nine hundred and thirty two only) and Rs.2,41,1461- (Rupees two lakhs forty one thousand seven hundred and forty six only) respectively, as otherwise. warned that the essential services like water supply, drainage system etc., of the subject property bearing H.Nos.29-1-1 and 29-l-4, admeasuring 3,400 square yards in Survey No.60, situated at Chintagattu Camp, Hasanparthy, Hanamkonda District, will be disconnected.

2. Heard Mr. S. Laxmikanth, learned counsel for the petitioner, and Mr. Pasham Mohith, learned Standing Counsel for GWMC, appearing for respondent No.2, and perused the material on record

3. The case of the petitioner is that she is running a marriage hall under the name of lWs Kameshwari Gardenlin the subject property and she did 2 not have good business for the past few years from the time of COVID-I9 pandemic as there were no bookings of the hall. The petitioner also had health issues; she was infected with black fungus and had undergone brain surgery. The petitioner was hospitaliz-ed and had to undergo surgery for kidney infection. Thus, the petitioner is facing severe financial constraints. As the respondent authorities th-reatened the petitioner to disconnect the essential services like water suppty, drainage system, electricity etc., in respect of the subject property, she is constrained to approach this Court. The grievance of the petitioner is that the respondent authorities cannot resort to such an action without giving reasonable time to the petitioner to pay the arrears of taxes as she suf-fered lrom severe health conditions during the COVID-19 and faced financial losses.

4. Learned Standing Counsel for respondent No.2 submitted that respondent No.2 has power under Section 100(2) of the Act to disconnect the essential services in case of non-payment of property tax. It is submitted that reasonable opportunity was given to the petitioner to pay the arrears of taxes which pertain to the period fiom 2019 tlll 2025. Despite several opportunities, the petitioner did not come forward to pay the arrears of taxes, as such, the impugned notices dated 14.01.2025 and 14.02.2025 have been issued. J

5. The contention of the leamed cotursel for the petitioner that respondent No.2 has issued the impugned notices in a high-handed manner and that they do not have any power to disconnect the essential services cannot be accepted in view ofthe Section 100(2) ofthe Act. The said provision empowers the authorities to disconnect the services for non- payment of property tax. [t is not in dispute that the arrears oftaxes pertain to 2019; the loss suffered by the petitioner during the COVID-I9 period and subsequent health issues cannot be a ground for non-payment of arrears of taxes as the petitioner has statutory responsibility to pay the property tax. The subject property owned by the petitioner is admeasuring 3,400 square yards and the arrears of taxes which aggregates to Rs.5,23,678/- (Rupees five lakhs twenty three thousand six hundred and seventy eight only) do not appear to be on the higher side. Thus, the petitioner ought to have paid the taxes in time at least when she was informed. under the impugned notices dated 14.01.2025 and 14.02.2025 to pay the arrears of taxes within forty , I eight (48) hours. Having not responded to the said notices, the petitioner now cannot complain that the respondent authorities have acted in a high- t i handed manner.

6. This Court does not find any illegality or arbitrariness on the part of the respondent authorities in issuing the impugned notices dated 14.01.2025 4 and 14.02.2025 and the petitioner is not entitled for any relief. However, considering that the petitioner has health issues and that she was infected with black fungus and undergone brain surgery during the COVID- 19 pandemic and also stated to have suffered financial losses, this writ petition is disposed of directing the petitioner to pay the arrears of taxes in three (3) equal instalments i.e. the first instalment of Rs.1,74,559/- (Rupees one lakh seventy four thousand five hundred and fifty nine only) within a period of ten (10) days, the second instalment of Rs.1,74,559/- within a period of twenty (20) days and the third instalment of Rs.1,74,559/- within a period of thirty (30) days from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in ttls writ- p_91,i!io1, slELnd g lose{ //TRUE COPY'/ SD/.L. LAKSHMI BABU DEPUTY REGISTRAR ";ffi;;;; \ To,

1. The Principal secretary, Department of lvlunicipal Administration, Secretariat, Hyderabad, State of Telangana.

2. The Commissioner, Greater Warangal Municipal Corporation, Warangal' 3'TheDeputyCommissioner'KazipetCircle-ll,GreaterWarangalMunicipal Corporation, Warangal.

4. One CC to SRI S.LAKSHMI KANTH, Advocate [OPUC] 5. One CC to SRI PASHAM IMOHITH, SC FOR GWMC IOPUC] 6. Two CCs to GP FOR tvlcPL ADIVN URBAN DEV, High court for the state of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR BS HIGH COURT DATED:1 210312025 ORDER WP.No.7488 of 2025 ( ('( z o o-tt IHE S r,,t 'c' k 05 TUB 206 tJ c t) )., l,') f '"'^' \i:.::.-. DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \-o