IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 3605 of 2009 Between: M. Sundara Rao, S/o. Arlappa, R/o. Aravindanagar, Nellore, S.P.S.R. Nellore District. ..... PETITIONER AND 1 The Municipal Corporation of Nellore, Rep. by its Commissioner, Nellore, S.P.S.R. Nellore District. 2 The Commissioner, Municipal Corporation of Nellore, S.P.S.R. Nellore District. .....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 an order writ or direction more particularly one in the nature of Writ Mandamus under Article 226 of the Constitution of India declaring the property tax demand notice dated 14-10-2008 issued to the petitioner by the 2nd respondent demanding enhanced property tax with effect from 01-09-2007 for the premises bearing Door No.23-1180, Aravindanagar, Nellore Town, without following the procedure prescribed under sections 220 to 223 of The Hyderabad Municipal Corporations Act, 195 as illegal, arbitrary, unjust, violative of principles of natural justice and consequently set aside the above said demand notice. Counsel for the Petitioner: MR. P. SRIDHAR REDDY Counsel for the Respondent No.1: MR. A. SRIDHAR Counsel for the Respondent No.2: MR. B. VENKATA RATNAM The Court made the following : ORDER: (per Sri Anil R. Dave, CJ) Rule. Service of Rule is waived by the learned Standing Counsel appearing for the respondents. At the request of the learned Advocates, the petition is taken up for final hearing today. The petitioner has been aggrieved by the demand notice dt.14.10.2008 whereby the tax in respect of his property, building bearing Door No.23-1180, at Aravindanagar, Nellore, has been demanded. It is the case of the petitioner that the petitioner has already filed two complaints under Section 220 of the Hyderabad Municipal Corporations Act, 1955 before respondent No.2. The said complaints have not been decided so far, though one of them was filed on 31.8.2007 and another one was filed on 23.10.2007. The aforestated fact, with regard to non-disposal of the complaints, could not be denied by the learned Standing Counsel appearing for the respondents. In view of the above fact, it is directed that the said complaints of the petitioner shall be decided by respondent No.2 within six weeks from today and till that time, no coercive steps shall be taken against the petitioner in pursuance of the impugned demand notice. It is pertinent to note that out of the amount demanded, a sum of Rs.1,00,000/- has already been paid by the petitioner to the respondent – Corporation in pursuance of the order passed by this Court on 25.2.2009. In view of the above direction, the petition stands disposed of as allowed with no order as to costs. ______________ ANIL R. DAVE, CJ ______________________ RAMESH RANGANATHAN, J 17.7.2009 bnr