IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN Writ Petition No. 2274 of 2009 Between: St. Ann's Educational Society, Vijayawada Sister In charge of St. Theresa High School, Arul Colony, ECIL, Post, Secunderabad-62 represented by its Correspondent. ... PETITIONER AND 1) The State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Hyderabad. 2) Greater Hyderabad Municipal Corporation, Kapra Circle, represented by its Deputy Commissioner. ...RESPONDENTS 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 an order more particularly one in the nature of Writ of Mandamus, declaring in action on the part of the respondents not considering the case of the institution for exemption for the payment of property tax in terms Sec.202 (bb) of the Greater Hyderabad Municipal Corporation Act 20 of 1989 and issuing the demand notice nil dated received by the petitioner on 19.12.2008 demanding property tax and penalty for the assessment period 30-09-2007 to 31-03-2009 for a total sum of Rs.7,00,006/- and consequential demand notice No. 792 dated 7-01-2009 for premises bearing Door No. 1-1-300/A Arul Colony, ECIL(PO) Hyderabad is without jurisdiction, improper, illegal arbitrary and un-enforceable in law, violative of Greater Hyderabad Municipal Corporation Act, and consequently declare that petitioners as charitable institutions comes with in the exempted category as per Act 20 of 1989 as well as within the purview of G.O.Ms.No.468 MA dated 31-07-1993 and pass such order or further orders. Counsel for the Petitioner:MS.G.SUDHA Counsel for Respondent No.1: GP FOR MUNCIPAL ADMN. & URBAN DEV. Counsel for Respondent No.2: MR.R. RAMACHANDRA REDDY The Court made the following: Oral Order: (Per Shri Anil R. Dave, Chief Justice) 1. It has been submitted by the learned advocate appearing for the petitioner that in pursuance of order dated 09.2.2009 passed by this Court, an application praying for exemption under the provisions of Section 202 of the Hyderabad Municipal Corporation Act, 1955 has been submitted to respondent No.2. 2. Learned standing counsel appearing for respondent No.2 has submitted that the application filed by the petitioner has been received by respondent No.2. It has been, however, submitted by the learned standing counsel that necessary information/documents required for the purpose of taking final decision with regard to grant of exemption had not been received. 3. Respondent No.2 shall inform the petitioner within two weeks from today as to what documents are required for taking a final decision in the matter. 4. Learned advocate for the petitioner has submitted that necessary documents required by respondent No.2 shall be furnished by the petitioner within a week from the date of receipt of the communication from respondent No.2. 5. We hope that respondent No.2 shall take final decision within six weeks from today, on the application filed by the petitioner. 6. Till the final decision is taken by respondent No.2, ad- interim relief granted on 09.2.2009 shall continue to operate. 7. In view of the above directions, the petition stands disposed of with no order as to costs. ANIL R. DAVE, CJ March 20, 2009 RAMESH RANGANATHAN, J svs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KURR}