Petitioner challenged abnormal property tax increase. Court directed payment of admitted tax dues and disposal of pending representation within four weeks, staying enforcement subject to payment.
Enforcement of tax demand stayed; representation to be disposed of within four weeks; admitted tax and late fees to be paid.
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THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 6880 of 2019
O R D E R:
In this writ petition, petitioner challenges the abnormal increase of property tax by the respondent authorities.
The petitioner asserts that he has been paying the property tax based on the original assessment and that complaining the abnormal increase of the property tax, he filed a representation before the Commissioner, Greater Warangal Municipal Corporation on 27.01.2018, but no action has been taken thereon.
Learned Standing Counsel for GHMC appearing for respondent No.2 submits that the respondent authorities would dispose of the representation of the petitioner in accordance with law, within a period of four weeks from the date of receipt of a copy of this order and that the petitioner has not even paid the admitted tax dues.
As on date, there is a demand of tax in relation to all the properties of the petitioners. In each demand, huge amount of late fee has been levied. However, considering the fact that the representation of the petitioner is pending before the Commissioner, Greater Warangal Municipal Corporation, the writ petition is disposed of with the following directions:
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amount of tax which has not been paid. If there is delay in payment of admitted tax, the respondents shall be entitled to levy interest thereon. If there is any enhancement of the tax, the same shall be issued separately, against which, the petitioner may avail the remedies as available to him in terms of the Greater Hyderabad Municipal Corporation Act and the Rules made thereunder, as applicable to the Warangal Municipal Corporation.
(4) Subject to the petitioner satisfying Condition No.1, the enforcement of impugned demand shall be kept in abeyance till the disposal of the representation of the petitioner.
Miscellaneous petitions, if any, pending in this writ petition shall
also stand disposed of. There shall be no order as to costs.
_________________________
CHALLA KODANDA RAM, J
Dt:02.04.2019
Note: Issue cc in one week. kdl
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2 issues framed by the court
Whether the impugned demand for property tax with enhanced late fees should be enforced pending the disposal of the petitioner's representation.
Whether directions can be issued to the municipal corporation to dispose of the pending representation within a limited time.
PETITIONER
COMMISSIONER, GREATER WARANGAL MUNICIPAL CORPORATION
CHALLA KODANDA RAM
As recorded by the court registry
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