Malisetty Shivashankar Vs the State of Ap

The District Collector, (Panchayath Wing) SPSR Nellore^Dist. 3. Podalakur Gram Panchyat, Podalakur, Podalakur Mandal, SPSR Nellore Dist. Rep by its Panchayath Secretary

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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 pleased to issue a writ order or direction more particularly^{oneinthenatureof} writ of Mandamus, declaring the action of the respondent in not imposing the tax relating to house sites/ plots in Survey Nos. 369, 370-1, 370-2, and 387/2, in an extent of 25 Ankanams, (Plot No. 137), an extent of 25 Ankanams (Plot No. 138), an extent of 32.45 Ankanams ( Plot No. 128) and an extent of 29.09 ankanams (Plot No. 130) and an extent of 30.63

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Ankanams (Flat No. 129) respectively situated at Podatakur Village, PeHSilaKuru Gram Panchayath Podalakur Mandal, SPSR Nellore District in my repeated requests and representations dated 2.1.2025 and 4.2.202^ is illegal, arbitrary and violative of Article 300A of Constitution of India consequently direct the 3RD respondent to collect tax from the petitioner ort#ie above referred house sites/ plots in the interest of justice

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lA NO: 1 OF 2025

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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 respondents 2 and 3 to take action on the petitioner’s representations dated 2.1.2025 and 4.2.2025 with regarding to imposing of tax towards vacant sites relating to house sites / plots in Survey Nos. 369, 370-1, 370-2, and 387/2, in an extent of 25 Ankanams, (Plot No. 137) an extent of 25 Ankanams (Plot No. 138), an extent of 32.45 Ankanams ( Plot No. 128) and an extent of 29.09 ankanams (Plot No. 130) and an extent of 30.63 Ankanams ( Flat No. 129) respectively situated at Podalakur Village, Podalakuru Gram Panchayath Podalakur Mandal, SPSR Nellore District pending disposal of the above WP in the interest of justice

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Counsel for the Petitioner: SRI T JANARDHAN RAO

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Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents: MATTEGUNTA SUDHIR, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats

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The Court made the following order:

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APHC010100752025

[3328]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA

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PRASAD

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WRIT PETITION NO: 5804/2025

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Between:

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1.MALISETTY SHIVASHANKAR, S/0. LATE PULLAIAH AGED 42 YEARS, R/O. SRINIVASAPURAM, PODALAKUR V M, SPSR NELLORE DISTRICT

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...PETITIONER

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AND

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1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BLDGS, AMARAVATI.

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2.THE DISTRICT COLLECTOR, (PANCHAYATH WING )SPSR NELLORE DIST.

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PODALAKUR GRAM PANCHYAT, PODALAKUR, PODALAKUR MANUAL, SPSR NELLORE DIST. REP BY ITS PANCHAYATH SECRETARY

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...RESPONDENT{S):

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Counsel for the Petitioner:

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1.T JANARDHAN RAO

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Counsel for the Respondent(S):

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1 .GP FOR PANCHAYAT RAJ RURAL DEV

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2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats

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The Court made the following:

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2

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ORAL ORDER:

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Heard Sri T. Janardhan Rao, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri M. Sudhir, learned Standing^{Counselforthe} Gram Panchayat.

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The present Writ Petition is filed seeking following^relief:

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“It is therefore prayed that this Hon’ble Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3^'^ respondent in not imposing the tax relating to house sites/plots in Survey Nos.369, 370-1, 370-2 and 387/2, in an extent of 25 Ankanams, (Plot No.137), an extent of 25 Ankanams (Plot No.138), an extent of 32.45 Ankanams (Plot No. 128) and an extent of 29.09 ankanams (Plot No.130) and an extent of 30.63 Ankanams (Flat No.129) respectively situated at Podalakur Village, Podalakuru Gram Panchayath, Podalakur Mandal, SPSR Nellore District in spite of my repeated requests and representations dated 2.1.2025 and 4.2.2025 is illegal, arbitrary and violative of Article 300A of Constitution of India consequently direct the 3^^ respondent to collect tax from the petitioner on the above referred house sites/plots in the interest of justice and to pass necessary order or orders as this Hon’ble Court may deem fit.” 3. Having considered the facts of the case, vide Order dated 17.04.2025, this Court had directed the Petitioner to pay the vacant land tax on certain conditions and without prejudice to the rights of parties in O.S.No.88/2022 on the file of the Principal Civil Judge (Junior Division), Gudur. Paras 6 & 7 of the Order dated 17.04.2025 is usefully extracted hereunder:

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“6. It is clarified that Respondent No.3 is directed to accept the vacant site land tax from the Writ Petitioner, without prejudice to the rights of the parties in the present Writ Petition as well as in O.S.No.88 of 2022 on the file of the Principal Junior Civil Judge, Gudur.^The vacant house site tax shall be paid by the Writ Petitioner within eight (08) weeks from today. 7. It is further clarified that the payment of vacant house site tax shall not confer any right or title^onthe /

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w

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3

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Petitioner. This payment shall not have any bearing^on O.S.No.88 of 2022, pending on the file of the Principal Junior Civil Judge, Gudur.”

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In terms of the direction rendered by this Court in paras 6 & 7 of the Order dated 17.04.2025, the Writ Petitioner has paid^{thevacantlandtaxand} placed on record the photocopies of the payment particulars, by way of a Memo dated 02.07.2025. These documents are taken on record. The relevant portion is usefully extracted hereunder:

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DEMAND DRAFT BEARING NO’S: 1.531554 - Rs.70,000/2. 531555-Rs.70,000/3. 531556-Rs.90,860/4. 531558-Rs.88,914/5. 531559- Rs.81,550/-

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Total: Rs.4,01,324/-

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It appears that the total amount deposited by the Writ Petitioner as vacant land tax is a sum of Rs.4,01,324/-. As indicated earlier that the payment of vacant land tax by the Petitioner is without prejudice to the contentions of the parties in O.S.No.88/2022 and that the said payment shall not confer any right or title on the Petitioner and it shall not have bearing on the Proceedings in O.S.No.88/2022.

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Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, without going into the merit, with a direction to the Petitioner to place a copy of this Order on the file of the learned Principal Civil Judge (Junior Division), Gudur, in O.S.No.88/2022, within a period of two weeks from today.

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