IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 17993 of 2008 Between: Citizens Welfare Organization Saluru, Vizianagaram District, Repd. by its Secretary, K. Venkat Rao S/o. Venkatappadu, Hindu, Male, aged 71 yrs, R/o. Saluru, Vizianagaram District. ..... PETITIONER AND Saluru Municipality Reptd. by its Commissioner Saluru, Vizianagaram District. .....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 any writ order or direction more particularly one in the nature of writ of Mandamus declaring the Draft Notiﬁcation in Gazette No. 307/2007 dt.29-8-2007 and ﬁnal Notiﬁcation in Gazette No. 318/2007 dt.7-9-2007 published on 16.9.2007 are illegal, arbitrary, capricious and in violation of the Circular No. 11646/2006-F1 dt.12-12-2006 issued by the Commissioner and Director Municipal Administration and implementation of the tax revision basing on such notiﬁcations is also illegal and arbitrary and consequently to set aside the above notiﬁcations and direct the respondent Municipality to follow the procedure prescribed in the circular referred to above in revising the taxes or to pass any other order or orders. Counsel for the Petitioner:SMT.N.(P).ANJANA DEVI, SATYANARAYANA Counsel for the Respondent : MR.S.NAGESWARA REDDY The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE P.V. SANJAY KUMAR WRIT PETITION NO : 17993 of 2008 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is ﬁled seeking to declare the Draft Notiﬁcation in Gazette No. 307/2007 dt.29-8-2007 and ﬁnal Notiﬁcation in Gazette No. 318/2007 dt.7-9-2007 published on 16.9.2007 are illegal and arbitrary and in violation of the Circular No.11646/2006-F1 dt. 12-12-2006 issued by the Commissioner and Director, Municipal Administration and consequently to set aside the above notiﬁcations and direct the respondent-Municipality to follow the procedure prescribed in the circular referred to above in revising the taxes. Heard the learned Counsel for the petitioner and also the learned Counsel for the respondent and perused the material available on record. The grounds raised by the learned counsel for the petitioner are that the notiﬁcation has not been published in the Gazette as evidenced from the letter dated 6.6.2008 received from the commissioner and appellate authority, Right to Information Act, Saluru Municipalaity, Saluru. A perusal of the record clearly goes to show that the draft notiﬁcation was published in Praja Sekthi Daily on 31.8.2007 and also in District Gazette on 1.9.2007. Therefore, We have no hesitation to observe that the contentions raised by the learned counsel for the petitioner are contrary to the pleadings in the main writ petition. Apart from that, in view of the publication of the notiﬁcation in the local paper as well as in the District Gazette, there is no other go except to infer that the Municipal authorities have followed the procedure before conducting the survey and arriving at the rental values. Therefore, this writ petition is devoid of merits and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. ________________________ Justice T. Meena Kumari _________________________ Justice P.V. Sanjay Kumar Date: 27th August, 2008 nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE P.V. SANJAY KUMAR WRIT PETITION NO : 17993 of 2008 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 27/08/2008