✦ High Court of India · 15 Jul 2025

High Court · 2025

Case Details High Court of India · 15 Jul 2025
Court
High Court of India
Decided
15 Jul 2025
Length
1,092 words

THE HONOURABLE SRI JUSTICE B-VIJAYSEN REDDY WRIT PETITION NO: 20327 OF 2025 Between: Nad R/o a Bilgrami, Wo Mustafa Ali Khan, Aged about 37 years, Occ. House hold, H. No.'l /8/308/2 12, P atigadda, Begumpet, Secu nderabad. AND ...PETTTTONER 1 The State of Telangana, Rep. by its Principal Secretary, Municipal Administration and Rural Development Department, Secretariat, Hyderabad. 2. Greater Hyderabad Municipal Corporation, Rep. by its Commissioner, Tank Bund, Hyderabad.

3. The Deputy Commissioner, GHMC, Circle No. 30, Begumpet, Secunderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.2and 3 in not fixing the revised property tax and conducting hearing as per the direction of the Hon'ble Court dated 28-04-2023 in M.A No. 10 ol 2023, on the file of Chief Judge City Small Causes Court, at Hyderabad, for the premises bearing House Nos l/8/308/2/2, 1-8-3081212t1 , 1-8-308121212, 1-8-3o1l2t2l3, 1-B-3081212t4, admeasuring 262 Sq.Yards, situated at Patigadda, Begumpet Secunderabad, despite of making written representation dated 08-07 -2025, as illegal arbitrary, in violation of Articles 14,21 and 300-4 of Constitution of India and in violation of principles of natural justice and consequently to direct the respondents herein to fix the revised property tax and conducting hearing as per the direction of the Hon'ble Court dated 28-04-2023 in M.A.No. 10 of 2023, on the file of Chief Judge City Small Causes Court, at Hyderabad, in respect of the petitioner's property bearing House Nos l/8/308/2/2, 1 -B-3o1/z/2t 1 t, j -B-3o}t2t2t2, 1 -B-3o1t2t2t3, 1 -B- 308121214, admeasuring 262 sq.yards, patigadda, Begumpet Secunderabad. lA NO: 1 OF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court nray be pleased to direct the respondents herein to frx the revised property tax and conducting hearing as per the direction of the Hon'bte court dated 28-04-2023 in t\4 A. No. 1 0 of 2023, on the file of chief Judge city smail causes court, at Hyderabad, in respect of the petitroner's property bearing House Nos l/8 t3o8t2l2, 1-B-3o}l2tzl1t, 1-B-3o}t2l2t2, 1-8-308121213, 1-B-30812r2t4, admeasuring 262 sq.yards, patigadda, Begumpet, Secunderabad, pending disposal of the above writ petition. Counsel for the Petitioner: SRI SHAKERA BANU Counsel for the Respondent No.1: cp FOR MCpL ADMN & URBAN DEV counsel for the Respondent Nos.2 & 3: sRI G.MADHUSUDAN REDDY, sc FoR GHMC The Court made the following: ORDER .ii;;' HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITIO N No.20327 0F 2025 ORDER:(ORAL) This writ petition is filed by the petitioner seeking to declare the action of respondent No'3 in not disposing of his representation tated 08.07.2025 for revision of property tax in respect of the house bearing H.No.1/8/308/2/2, admeasuring 262 square yards, situated at Patigadda' Begumpet, Secunderabad and thereby not complying the order dated 28.04.2023 in Municipal Appeal Nos'6' 7' 8' 9 and l0 of 2023 passed by the leamed Chief Judge, City Small Cases Court' at Hyderabad (for shott 'trial Court'), as being iltegal, arbitrary and unconstitutional' It is submitted that the petitioner is the owner of the subject 2. premises. The petitioner constructed cellar t ground + 3 upper floors in the subject premises in 2009-10 without any sanctioned plan' as such' he applied for buitding regularization under Building Regularization Scheme and the same is pending for consideration' The petitioner submitted application dated 28'05'2022 for mutation and assessment of the subject premises; house numbers were allotted vide ll8l308l2l2' l-8- 3[8l2l2ll, l-8-3lVl2l2l2' r-8-308lflfi3 and r-s'3\Bl2l2l4 and the authorities fixed the tax for Rs'39'0608/-' Rs'43'597/-' Rs'34'1841/-' 7 Rs.39,060/- and Rs.2,495l- respectively for 2009_10. The petitioner had been paying the property tax without any default up ro 2023. while so, the respondent authorities issued demand notice dated 14.02.2023 to the petitioner enhancing the property tax abnormally. Aggrieved thereby, the petitioner submitted representation d,ated 24.02.2023 for revising the property tax. The petitioner fited Municipal appears vic]c M.A. Nos.6, 7, 8, 9 and l0 of 2023 challenging the demanded notice dated 14.02.2023 and the same were allowed by order dated2g.04.2023 by the trial Court setting aside the said demand notice and the respondent authorities _ GHMC were directed to revise the property tax by lbllowing the procedure contemplated under Section s 220 to 223 ol- the Greater Hyderabad Municipal corporation Act, r955 within a pcriod of six (6) months. As the respondent authorities have not initiatecl any action, the petitioner submitted another representation dated 0g.07.20?5 for revision of the property tax in respect of the subject premrses. As there is inordinate delay on the part of the respondent authorities in disposing of the said representation, the petitioner was constrained to approach this Court. w 3

3. Mr. G.Madhusudan Reddy, leamed Standing Counsel for GHMC, appearing for respondents No.2 and 3, submitted that appropriate action will be taken on the representation of the petitioner dated, 08.07.2025,, in accordance with law.

4. Recording the aforesaid submission, this writ petition is disposed of directing the respondent No.3 to dispose of representation of the petitioner dated 08.07.2025 for revision of the property tax in respect of the subject property, by giving opportunity of hearing to the petitioner, and pass appropriate orders in accordance with law, within a period of three (3) weeks 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 this writ pgtition stand clqged. //TRUE COPY// SD/. A. SRINIVASA REDDY ASSISTANT REGISTRAR v' SECTION OFFICER The Principal Secretary, Municipal Administration and Rural Development Department, Secretariat, Hyderabad, State of Telangana. Thi: Commissioner, Greatei Hyderabad Municipal Corporation, Tank Bund, Hyderabad. The Deputy Commissioner, GHMC, Circle No. 30, Begumpet, Secunderabad One CC to SRI SHAKERA BANU, Advocate [OPUC] Two CCs to GP FOR MCPL ADMN & URBAN DEV, High Court for the State of Telangana, at Hyderabad. [OUT] One CC to SRI G TMADHUSUDAN REDDY, SC FOR GHMC [OPUC] Two CD Copies To 1 2 3 4 5 b 7 PSK. GJP --- -r . -r,," r;tr+*:!*{ HIGH COURT DATED:15 tOTt2OZs ORDER WP.No.20327 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS i .' I ;-.- ,-. ' 4.\\ \7,1|! /^-,\ ?[25 z]i ;.:t ll >, lt t:t''// .t' I

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