In WP No. 128 of 2002, pending for an unprecedented 20 years, the High Court allowed representation before the Managing Director of TSIIIC regarding the levy of property tax, extended an interim stay pending that representation, and disposed of the petition without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY .THE IWENTY FIRST DAY OF DECEIMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJALBHUYAN AND
THE HONOURABLE SRI JUSTICE C.V. BHASKARREDDY
WRIT PETITION NO: 128 OF 2002
Between:
lv1/s. Ashtha Power Corportation PrivateLimited,Plot No.282,283, phase-ll, l.D.A., Pahamylaram, lt4edakDistrict, represented by it's M.D. Sri Ashok Kundalia
...PETITIONER
AND
...RESPONDENTS
Petition under Arlicle 226 of the Constitutionof lndia praying that in the circumstances stated in the affidavit filedtherewith,the High Courtmay be pleased to issue a Writ, direction or order more particularly one in the nature ofa writ of Mandamus declaring the action of the Respondentsin seeking to levy property tax on the petitioner in relation to structures situated inplot Nos.283 and 284 of the petitioner's land in IDA Pashamyl;aram,Medak District as illegal, arbitrary and violative ofprinciples of naturaljustice and suffering from lack of inherentjurisdiction and consequentlyset asidethe same and direct the respondents not to collect any taxexcept after proper assessmenthas been carried out strictly in accordancewith the provisionsof the AndhraPradesh Panchayath Raj Act,1994 after thepetitioner con)mences production
l.A. NO: 1 OF 2002(WP MP. NO: 141 OF 20021
Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of thepetition, the H,gh Court may bepleased tostay all futher proceedings initiated by the second Respondent forpaymenl ofproperty tax demanded in the notice, daled 20-12-2001, for theyears 1997-98 lo 2001-02
Counsel for the Petitioner: SRl. ZAINAB KHAN
Counsel for the Respondents No.1,2&4: SRl.L.PRABHAKAR REDDY SC FOR TSIIC Counsel for the Respondent No.3:GP FOR REVENUE The Court made the following: ORDER
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I U C AND I W.P.No.128of 2002
ORDER,(Par de I-{ on'bh the ChielJattie IJjjalBhatat) Ms'ZainabI(han' learncd counsel represendngMr' T'Bala MohaoReddy' learned couosel lor the Petidoner submits that Mr.T.Bala Mohao Reddy had alreadyrcturned the vakalat backto
the Petiuoner'
J \X/e findthat a notice dtted 20'12'2001was issued to the etitionerby the then AndhraPradesh IndustrialInfrastructure P Limrtedstating thatproPertytax amouotiflg to Corporauon Petitionerwas called uPoo to Rs5,01,780'00was not beingPaid'
makethe PaYmeot wirhinhftee n daYs'
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I I,-rom the <Jocket proceedings, it is scen that nodce rvas tssued by this Court on 04.0'1.2002 with an rntcflm s tay Subsecluerrtly, on 04.02.2022, t*/e niti was is sued and the in rcrirn stay granted was extended undl further ordcrs.
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the date o[ reccipt of thc rcprescntation. Whatevcrdecisionis
taken, the same shall be communicatcd to the petltioncr
8 Till thc aforesaid pcnod of t\'() rn()rtths, intcrin-r stay granted IS by this Court shall continue.I lorvcver, i[no represenrauon submitted by the petiuoncr as directcd abor-e,intcrim staygranted
by this Court shall no longerholdthc fielcl.
As a sequel, miscellaneous petitions, pcnding if any, stand
closed.
sor- r.xnrsln xuur
DEPUTY REGIS
//TRUE COPY'
SECTIO FFICER
To,
T BM {h--
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HIGH COURT
HCJ&
CVBR,J
DATED:21 11212022
ORDER
WP.No.128 of 2002
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DISPOSING OF THE WRIT PETITION WITHOUT COSTS
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2 issues framed by the court
Whether the levy of property tax by respondent authorities vis-a-vis the petitioner is illegal, arbitrary and violative of principles of natural justice.
Whether petition is maintainable ten years after filing seeking quashing of levy of property tax.
M/s. Ashtha Power Corporation Private Limited
M/s. Andhara Pradesh Industrial Infrastructure Corportation, Limited
Industrial Area Local Authority
State of Telangana
M/s. Telangana State Industrial Infrastructure Corporation Limited
Ujjal Bhuyan
C. V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
