Sri J.Shiva Vs The Union of India

Petition under Artrcle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the lmpugned Letter No SCB/TS/LEGAL OPINION/820, dt 09.04.2025 issued by the 2nd respondent whereby refusing to assess the property tax of the petitioner's open plot in Sy.No.99 admeasuring 287 sq. yards situated at Macha Bollaram, Trimulgherry Mandal, Secunderabad Canlonment, Hyderabad as illegal, arbitrary, u nconstitution a I and violation of Article 14, 21 and 300-4 of Constitution of lndia and consequently by setting aside the lmpugned Letter Lr.No.SCB/TS/LEGAL OPINION/820, dt 09.04.2025 of the 2nd respondent, direct the Respondents to forthwith consider the application of the petitioner d|.02.02.2024 for assessment of property tax of the petitioner's house open plot in Sy.No.99 admeasuring 287 sq. yards situated at Macha Bollaram, Trimulgherry Mandal, Secunderabad Cantonment, Hyderabad.

¶15

I

¶16

,

)

a

,

a

lA, NO: 1 oF 2025

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 respondent to forthwith consider the application filed by the Petitioner dt 02.02.2024 vide lnward No.B'14 dt 03 02 2024 Ior Assessment of Property Tax of the Petitioner's open plot in Sy.No.99 admeasuring 287 sq, yards situated at Macha Bollaram, Trimulgherry Mandat, Secunderabad Cantonment, Hyderabad without reference to the legal advise by duly considering the documents submitted by the petitioner, pending disposal of lhe above writ petition.

¶23

Counsel for the Petitionerr: SRI C.HARI PREETH

¶24

Counsel for the Respondent No.1: DEPUTY SOLICITOR GENERIAL OF INDIA

¶25

Counsel for the Respondent No.2: SRI K.R.KOTESWARA,

¶26

SC FOR CENTRAL GOVT.

¶27

The Court made the follo'wing: ORDER

¶28

THE HON'BLE SRI JUSTICE N.V. SHRAVAN KUMAR WRIT PETITION No.16988 of 2o25

¶29

ORDER:

¶30

This Writ Petition is filecl aggrieved by the impugned letter bearing Lr.No.SCB/TS/LtrGAL OPINION/820, dated 09.04.2025 issued b_v respondent No.2 refusing to assess the property tax ir-r respcct ol open plot of the petitioner situated in S-y.No.99, Macha Bolarum, Trimulgherry Mandal, Sec:unclcrabad Cantonment (for short'subject property').

¶31

Heard Sri C. Hari Preeth, learned counsel for the petitioner and learned St:rnding Counsel appearing for respondents. Perused the rccorcl.

¶32

The facts in brief are zrs follon's:

¶33

The petitioner claims to be the o,\rner and possessor of the subject propertv and woulcl submit that he purchased the said land bv a registered sale deed bearing document No.1O24 ol^'2O')3 dated 01.06.2023 from his

¶34

L-\

¶35

---..i

¶36

NVSK..J \ P :ii ' I r,9lt8 of 2025

I

I

lt

vendors. It is submitted that vide lettcr dated 09.04.2025 respondent ,\o.2 has informed to the petitioner that the assessment of the property tax in respect of thc subject property canrlot be done in view of some pcr-rcling cases and until^()leilrance is received from the compet('nt Court.

¶41

Learned Standing Counsel appeiu'ing for

¶42

respondents placed before this Court a copy of Sccunderabacl Cantonment Board Engineerin< Branch Note Sheet, dated 25.02.2025, wherein it is stated that the subject plot/property <sup>ras overlappiirg u'ith neighbouring colony to the extent ol 23.3 Sq. -r:rrds and two applications have been received for assessmt:nt ol tax on the same s;ubject site vide inward Nos.B13 and Bl4 clated 03.O2.2024, therefore, tl-re Cerntonmcrrt Board sought legal opinion regarding the titlc ol the said property. Learned Standing Counsel furthcr strbnits that

¶43

re_jection was bitsed on the said iegal^opinion

¶44

t

¶45

NVSI(.I W.P.No. 16988 of 2O2s

¶46

Learned counsel appearing for the petitioner submits that the impugned letter based on the legal opinion cannot be considercd lor the purpose ol processing the application submitted by the petitioner for assessment of property tax. Honever, the legal opinion was for the purpose of Cantonment Board and as lar as the petitioner's case is concerned his application dated 02.O2.2024 submitted is for asscssment of property tax is still pending and prays this Court to direct the respondents to consider the szrid application by fixing some time frame and pass appropriate orders.

¶47

Recording the submissions made by learned counsel for the parties, the impugned letter bearing i Lr.No.SCB/TS/LEGAL OPINION/82O, dated 09.O4.2025 issued by respondent No.2 is sct aside ar-rd with the consent of both the counsels lor petitioner and respondent, this Writ Petition is disposect ol directing the respondents to consider ar-rd clispose o[ the rcpresentation dated 02.O2.2024 submitted by the petitioner for

¶48

NVS Ii..I U'.t>.No. I ()98a r)f 202.5

¶49

I

¶50

.i

¶51

assessment of property tax and pass appropriate orders, in accordance with law, within a period of three (3) weeks from the date of receipt of a copy of this order.

¶52