M/S. Sirpur Paper Mills Ltd, Sirpur Kaghaznagar v. Kaghaznagar Municipality

Telangana HC20 Mar 2024WP/8541/2011

Case brief

AI extract

What is this about?

The High Court closed a writ challenging license fee demands under the A.P. Municipalities Act, 1965. The court held the petition infructuous as a resolution plan approved by the Tribunal extinguished the dues. Pending matters are closed without costs.

What did the court decide?

The Writ Petition is closed without costs and pending miscellaneous petitions stand closed.

M/S. Sirpur Paper Mills Ltd, Sirpur Kaghaznagar Vs… — Company and Corporate | Telangana HC (2024)

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[³¹⁶⁶ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE TWENTIETH DAY OF A/ARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

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WRIT PET ITION NO:8 541 0F 2011

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Between:

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M/s. Sirpur Paper Mills Ltd, Sirpur Kaghaznagar, District, Re p . by its Chief Administrative officer. ch.seetr'aramiiSrr,^{'sio"Gie-%ntatapri#,} is""d"b; years Rl/o Hyderabad.

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...PETITIONER

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AND

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f3P,j3#tq3l,Yunicipality,^{Rep. by its Commissioner, SirpurKashaznagar,}

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...RESPONDENT

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ of Mandamus or any other appropriate writ of lr/landamus or any other appropriate writ, order or orders, direction or directions, decraring the action of the Respondent in directing the petitioner to pay License Fees U/s 263 0f the Ap. Municiparities Act, 1965 @ Rs.2 Lakh per annum from .1996 to 2011 vide Letter No.F2isAN-2007 dt. 23-03-2011 as iregar, arbitrary, u nco nstitutiona r and to issue a consequentiar direction to the Respondent to act in accordance with law.

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t.A. NO 1 0F 2011 PM P. NO: 1061 5 0F 2011)

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Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the retter No.F2lsAN-2007 dt. 23-03-20.1 1 issued by the Respondent pending disposal of the writ petition.

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Counsel for the Petitioner: SRI VEDULA SRINIVAS counsel for the sole Resoondent: M/s. M.RAM ruoner.r REDDY, sc FoR McpL The Court made the following: ORDER

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I t

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THE,IION'BLE^{SRI JUSTICET. VINODKUMAR}

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WRIT PETITION^{No.854l of2011}

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ORDE,R:

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This Writ^{Petitionis filed to declarethe action of respondentin} directing^{the petitionerto pay Lincense Fee under Section 263 of the} A.P. Municipalities^{Act, 1965 (for shorl 'the Act') @ Rs'2 Lakhper} annum from^{I 996 to201 1 vide letter No'F2/SAN-2007dated}

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23-01-2}ll^{as illegal, arbitraryand unconstitutional'}

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2.^{'foday,whenthe matter is taken up for hearing'leamed counselfor} petitioner submits^{that on account of the ordersof the National Company} Law Tribunal,^{Hyderabad (Tribunal)approving the resolutionplan vide} proceedings dated^{19-07-2018,all the o1d dues of the petitioner} Company^{standsextinguished and the Companywouldstartafiesh in the} hands of^{the nerv Mauagementon a clean slate'}

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Learned^{counscl for the petitioner furlher submits that a Division} Bench of^{this Courl by order dated 08-1 1-2022passedin W P'No 5667} of 2007 by^{taking note of the resolutionplan as approved by the} Tribunal,^{had held that the Authoritiescannottakesteps to recover the} arears^{due froln the petitioner-Company'}

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I d

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Having regard to the submissions madc as above, and taking note of the f'act that the petitioner-Company has undergone resorution process, which resorution plan has received the approvar of the Tribunal vide proceedings d,ated 19_07_201g, and since the subject demand of Lincence Fee under Section 263 of the Act stands extinguished, the Writ Petition has become infructuous.

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5 In view of the submissions made as above, this Writ petition is closed. No costs

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6 As a sequel, miscellaneous petitions, if any, pending shall stand

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closed.

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SD/. P. PADMANABHA^REDDY ASSISTANT REGISTRAR /

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NOTE:-That the date of^{order read at preamble} oortion and docket^{sheet of the order dated} 2OtO3l2O24 in W.P.No.8541^{of 2011and the same} has been corrected^{suo motu.}

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This amended order^{shall substitute the earlier order} which has already been^{dispatched on27l05l2O24-}

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SD/-^p. REDD' ASSIST'ADM AN T REGISTRARABHA //TRUE COPY// Y SECTION OFFICER

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To,

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1 One CC to SRI VEDULA^{SRINIVAS, Advocate} [OPUCI

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