Writ petition challenging enhanced property tax demand bill declared to be illegal and arbitrary. Court directed authorities to consider pending representation before taking coercive steps.
Directing 2nd respondent to consider petitioner's representation and communicate order within eight weeks; no coercive steps till completion.
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HON’BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No.17317 OF 2019
ORDER :
The petitioner seeks writ of mandamus declaring the action of the respondents in issuing the demand bill No.1/100900084814, Assessment No.1009016232 (Old Assessment No.10530), dated 23.04.2019 for payment of enhanced property tax of Rs.1,31,931/- in respect of the premises No.4-400-B-12-6-22, Ward No.4, Block No.4, situated in Pyara Nagar within the limits of Madanapalle Municipality, Chittoor District, as illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India and for a consequential direction.
2
20.05.2019 of the petitioner and pass an appropriate order in accordance with law, within eight weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. Till such exercise is completed, the 2nd respondent authorities shall not take any coercive steps against the petitioner pursuant to the demand bill No.1/100900084814, dated 23.04.2019.
As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed. There shall be no order as to costs.
__________________________
U. DURGA PRASAD RAO, J
12.11.2019 SS
2 issues framed by the court
Whether the demand bill for enhanced property tax is illegal, arbitrary and violative of Articles 14 and 300-A of the Constitution of India.
Whether the petitioner has any pending representation against the enhanced property tax which requires consideration before coercive steps can be taken.
Writ Petitioner
1 Respondent (Municipal Administration)
2 Respondent (Madanapalle Municipality)
U. Durga Prasad Rao
As recorded by the court registry
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