✦ High Court of India · 30 Apr 2025

Heard N,lr. D. Bhaskar Reddy, leamed counsel for the v. Satyam Reddy, learned standing cotLnsel for

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Length
1,051 words

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may l)e pleased to direct the 2nd respondent to rectify the departmental Online Portal with PTIN No. 1046049237 in respect of petitioner's property bearing H.No.5-6-6i) l/A, pragathi Nagar, Nizamabad, sh,cwing the arrears of property tax payable by the petitioner from 2009-2010 lo 2024-2025, pending disposal of the writ petition. Counsel for the Petitioner : SRI D.BHASKAR REDDY Counsel for the Respondent No.l : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondent No.2 : SRI V.SATYAM REDDY, SC FOR NMC The Court made the following: ORDER THE HONOURABLE Szu JUSTICE B. YIJAYSEN REDDY WRIT PETITION No.13610 OF 2025 ORDER: (ORAL) This writ petition is filed by the petitioner seeking the following relief: "... to issue a writ, order, or a direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2'd respondent in not veriffing/ rectilling the official online portal with regard to the property tax and also not considering the amounts already paid by the petitioner in respect of the petitioner's property bearing H.No.5-6-661/A, Pragathi Nagar, Nizamabad, upto the current year 2024-2025 and showing the arrears of tax from 2009-2010 to 2024-2025 as Rs.4,64,59,1 20/- due by him in the official portal is illegal, arbitrary and against the 2od respondent's own reassessment Intimation Letter in File No.D2l10964/ 2014/1819, dated 12/06/2019, which was issued after following the judgment and decree dated 28.11.2018 passed in CMA No.2/2013 by the Hon'ble Senior Civil Judge, Nizamabad, and consequently direct the 2nd respondent to rectiff the departmental Online Portal by removing the arrears ol property tax appearing over the property H.No.5- 6-66llA, Pragathi Nagar, Nizamabad, with PTIN No.1046049237 and pass ..." 2

2. Heard N,lr. D. Bhaskar Reddy, leamed counsel for the petitioner and Mr. V. Satyam Reddy, learned standing cotLnsel for respondent |Jo.2.

3. Leamed standing counsel for respondent No.2 has p,aced on record the letler of respondent No.2, wherein, it is stated that respondent l.lo.2 has not issued any reassessment intimatic,n to the petitioner and the subject property is not reassessed.

4. Learned standing counsel submitted that urit pelition is premature, and so far respondent No.2 has not decided to issue reassessmenl- intimation and, as and when notice is issue d to the petitioner, he is always at liberty to challenge such notice if he is aggrieved thr:reby.

5. Howe'ver, leamed counsel for the petitioner submitte'C that in the official portal of respondent No.2, arrears of tax payabJe by the petitioner is shown as Rs.4,63,59,120/-. Thus, any time demand notice may be jssued. That direction be issued to respondt,rnt No.2 to recti$r the official online portal and comply with the jrrdgment and decree passed in C.M.A. No.2 of 2013 dated 28.1 1.2018 on the 7 3 file of the leamed Senior Civil Judge, Nizamabad, whereunder earlier demand notices were set aside and directions was given to the respondent No.2 to reassess the subject property.

6. In view of the above submissions, the writ petition is I disposed of, directing the petitioner to submit representation to respondent No.2, within a period of ten (10) days from today to rectifi the official online portal showing wrong iurears of tax for the period from 2009-10 to 2024-25 for a sum of ks.4,63,59,120/- and for implementation of the judgment and decree passed in C.M.A. No.2 of 201 3 dated 28. I I .201 8 in respect of the property bearing H.No.5-6-661lA, Pragathi Nagar, Nizamabad. On such representation being fited, respondent No.2 shall dispose of the same, within a period of four (4) weeks thereof, by affording opportunity of hearing to the petitioner' Pending consideration of the representation of the petitioner, status quo, obtaining as on today, shall be maintained in respect of the subject property. There shall be no order as to costs. \ To, 1 2 J 4 6 6 4 As a sequel thereto, miscellaneous apptications' if any' pending in this u'rit petition stand closed ,/TRUE COPYII SD/. T. TIR ,=!,,rT UMALA DEVI REGISTRAK sEc TION OFFICER mi nistratio n D epartment' rt.,runi"ip'r corporation' Nizamallad' :::,:LTi?:ui:g:l%E"::X::i{::"','Yix"'"Ad The commission",.' *''"'jlu] One CC to SRI D BHASKAR REDDY' Advocate' [OPUCI l}'?"'n"rii] t riltt ffi;ilsRr tv 'ATYAM +^ .rP FoR MCPL ADMN URBAN DEV' High Court f':r the State of --^^v e.-. ror Nizamiibad Municipal REDDY' Sc ror Two CD CoPies' (+ BSK GJP !!t.itll.f-_ CC TODAY 6 514 rC: 02 t'1|\'! m ( + ./ HIGH COURT DATED:3010412025 ORDER WP.No.13610 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS r >S

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