IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13766 of 2008 Between: T. Srihari S/o. Venugopalaiah R/o. D.No. 16/375-II , Srinivasa Agraharam, Nellore City, Nellore District. ..... PETITIONER AND The Nellore Municipal Corporation, Nellore, Rep. by its Commissioner, Nellore. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ or direction or order more particularly one in the nature of writ of Mandamus declaring the demand notice dt. 23-5-2008 issued by the respondent to the petitioner without disposing of the complaints ﬁled by the Petitioner questioning enhancement of tax bearing No. 16-5-2008 in respect of the house bearing D.No. 16-2-374/I (38512 and assessment No. 1031022455) situated at Srinivasa Agraharam, Revenue Ward No. 162, Block 16, Nellore as illegal, arbitrary and unjust and in violation of the provisions of Hyderabad Municipal Corporation Act, 1955 as contained in Chapter VIII thereof and the Rules framed there under and articles 14 and 21 of Constitution of India and principle of natural justice and consequently to set-aside the said impugned demand notice dt. 23-3-2008 and pass such other orders. Counsel for the Petitioner: MR.M.VENKATA NARAYANA Counsel for the Respondents: MR.A.SREEDHAR The Division Bench of this Court made the following : (Order follows 2nd page) THE HON'BLE MRS JUSTICE T.MEENA KUMARI A N D THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13766 of 2008 O R D E R : (Per the Hon’ble Smt. Justice T. Meena Kumari) The writ petition is ﬁled seeking mandamus to declare the demand notice dated 23-5-2008 issued by the respondent to the petitioner without disposing of the complaints ﬁled by the Petitioner questioning enhancement of tax bearing No. 16-5-2008 in respect of the house bearing D.No. 16-2-374/I (38512 and assessment No. 1031022455) situated at Srinivasa Agraharam, Revenue Ward No. 162, Block 16, Nellore as illegal, arbitrary and unjust and in violation of the provisions of Hyderabad Municipal Corporation Act, 1955 as contained in Chapter VIII thereof and the Rules framed there under and articles 14 and 21 of Constitution of India and principle of natural justice and consequently to set-aside the said impugned demand notice dated 23-3-2008 and to pass such other suitable orders as this Court deems ﬁt and proper in the circumstances of the case. 2. When the matter came up under the caption ‘for admission’, the learned counsel for the petitioner represented that the matter has become infructuous and no orders need be passed. 3. Recording the above submission, the writ petition is dismissed as infructuous. JUSTICE T.MEENA KUMARI JUSTICE RAMESH RANGANATHAN 13-11-2008 I s L ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}