Tunuguntia Satyanarayana, S/o. Anandaaiah Occ Business, aged bout 67 years R/o Srinagar, AjitSingh Nagar, Vijayawada, Krishna District, Andhra Pradesh

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...Petitioner

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AND

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The State Of Andhra Pradesh, Represented by its Commissioner, Panchayat Raj and Rural Development, Nakkal

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The District Panchayat Officer, DPLO Office, Zp Road, Machilipatnam - 521001,

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The Panchayath Officer, Prasadampadu Gram Panchayath N1416, Prasadampadu, Currency Nagar, Vijayawada, Andhra Pradesh 521108

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Tunuguntia Sambasiva Rao, S/o Anandaiah aged about 74 years Occ Business, R/o 21-10/3-105, Satyanarayanapuram, Vijayawada.

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Tunuguntia Suseela, W/o.Tunuguntia Sambasiva Rao Aged about 69 years, Occ Housewife, R/o 21-10/3-105, Satyanarayanapuram, Vijayawada

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased to issue a Writ, order or direction and more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd and 3rd Respondents in not assessing house tax in relation to Sri Kanyakaparameswari Residential Junior College Prasadampadu, Vijayawada situated at RS.No. 82/4 at Prasadampadu village, Vijayawada for the Assessment Year 2018-19 as contrary to the provisions of the AP Panchayat Raj Act, 1994 besides being arbitrary and in violation of the fundamental rights guaranteed to the Petitioner under Article 14, 19 (1)(g) and 300A of the Constitution of India and consequently direct the 2nd and 3rd Respondents to forthwith assess and collect house tax in respect of Sri Kanyakaparameswari Residential Junior College, Prasadampadu, Vijayawada situated at RS.No. 82/4 at Prasadampadu village, Vijayawada from the petitioner for the Assessment Year 2018-19.

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lA NO: 1 OF 201Q

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd and 3rd Respondents to issue house tax demand notice to Sri Kanyakaparameswari Residential Junior College, Prasadampadu, Vijayawada situated at RS.No. 82/4 at Prasadampadu village, Vijayawada for the Assessment year 2018-19 and receive the tax from the petitioner, pending the disposal of the above writ petition.

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Counsel for the Petitioner: SRI P BADRINATH

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Counsel for the Respondent Nos.4 & 5: SRI Y N ANJANEYACHARYULU Counsel for the Respondent No.3; SRI G SESHADRI(SC FOR MPP ZPP) Counsel for the Respondent Nos.1 & 2:GP FOR PANCHAYAT RAJ RURAL DEV (AP)

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The Court made the following order:

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APHC010119352019

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3329]

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(Special Original Jurisdiction)

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WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5306/2019

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Between:

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1.TUNUGUNTLA SATYANARAYANA, S/0. ANANDAAIAH OCC BUSINESS, AGED BOUT 67 YEARS R/0 SRINAGAR, AJITSINGH NAGAR, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH

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...PETITIONER

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1.THE STATE OF AP, REPRESENTED BY ITS COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, NAKKAL

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2.THE DISTRICT PANCHAYAT OFFICER, DPLO OFFICE, ZP ROAD. MACHILIPATNAM - 521001,

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3.THE PANCHAYATH OFFICER, PRASADAMPADU GRAM PANCHAYATH N1416, PRASADAMPADU, CURRENCY NAGAR, VIJAYAWADA. ANDHRA PRADESH 521108

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4.TUNUGUNTLA SAMBASIVA RAO, S/0 ANANDAIAH AGED ABOUT 74 YEARS OCC BUSINESS, R/0 21-10/3-105, SATYANARAYANAPURAM, VIJAYAWADA.

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5.TUNUGUNTLA SUSEELA, W/O.TUNUGUNTLA SAMBASIVA RAO AGED ABOUT 69 YEARS. OCC HOUSEWIFE. R/0 21-10/3-105, SATYANARAYANAPURAM, VIJAYAWADA

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...RESPONDENT(S):

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITQN No.5306 OF 2019

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ORDER:

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Heard the learned counsel for the petitioner(s) and^{learnedcounselfor} the respondents.

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The case of the petitioner is that, the petitioner^{isseekingadirectionto} f the house tax in respect of ( respondent Nos. 2 and 3 to assess Kanyakaparameswari Residential Junior College, Prasadampadu,^Vijayawada situated in R.S. No.82/4 at Prasadampadu, Vijayawada.

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The learned counsel appearing for respondent Nos. 4^and5submits that Kanyakaparameswari Residential Junior College never existed, and therefore, there is no question of assessing house^{taxagainstthesaidjunior} college. It is further submitted that the alleged assessment^{relatestotheyears} 2018 and 2019, which are already long past, and now^{theassessmentforthe} Hence, no further orders are 2024 and 2025 is under progress. years necessary to be passed in the present writ petition.

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as he died on He further submits that the petitioner is no more, 10.05.2021, and so far, no petition has been filed^{tobringonrecordthelegal} heirs of the petitioner. Therefore, the cause in the^{presentwritpetitiondoes} not survive, and no further adjudication is required.

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Recording the said submissions made by the learned counsel for the respondents, the writ petition is dismissed as infructuous, granting liberty to the petitioner. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending shall stand closed.

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//TRUE COPY//

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Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER

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To,

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One CC to Sri. P Badrinath Advocate [OPUC] 2. One CC to Sri. Y N Anjaneyacharyulu Advocate [OPUC] 3. One CC to Sri. G Seshadri(SC FOR MPP ZPP) Advocate [OPUC] 4. Two CCS to GP For Panchayat Raj Rural Dev (AP), High Court of Andhra Pradesh [OUT]

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