IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23355 of 2008 Between: M. Deepa Chowdary @ Ammaji, W/o. Syam Prasad Chowdary, R/o. B.28, Nelson Court, 117 Nelson Manickam Road, Amingirai, Chennai - 29 ..... PETITIONER AND Vijayawada Municipal Corporation, Rep by its Commissioner, Vijayawada - 520 001. .....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 an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent in attaching the immovable property of an extent of 1,250 sq.yards of vacant site consisting of plot No. 20 & 21 of LP No. 81/72 in NTS No. 72 of Vijayawada, Brindavan Colony Vijayawada without following due process of law as arbitrary, illegal, capricious and violative of all cannons of law and justice apart from mandatory provisions of Hyderabad Municipal Corporation Act and consequently direct the respondent to withdraw the attachment over the property of the petitioner forthwith. Counsel for the Petitioner:MR.SAI GANGADHAR CHAMARTY Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : ORDER This writ petition has been ﬁled by M.Deepa Chowdary @ Ammaji assailing the action of the respondents in attaching the land admeasuring 1250 square yards comprising Plot Nos.21 & 21 of LP No.81 of 72 in NTS No.72, Brindavan Colony, Vijayawada. The petitioner claims that she is the owner and possessor of 1250 square yards of vacate site comprising Plot Nos.21 & 21 of LP No.81 of 72 in NTS No.72, Brindavan Colony, Vijayawada. The petitioner ﬁled O.S.No.40 of 2000 on the ﬁle of II Additional District Judge, Vijayawada for declaration of title and consequential permanent injunction. The respondent herein was impleaded as 4th defendant on 24.5.2004 in I.A.No.666 of 2003. The said suit is stated to be pending adjudication. While so, the respondent attached the property, which is the subject matter in O.S.No.40 of 2000 for non-payment of tax on vacant site. It is the grievance of the petitioner that she was not put on notice before attaching the property for non-payment of tax. When the writ petition came up admission, Smt Jhansi, learned standing counsel of Vijayawada Municipal Corporation received notice on behalf of the respondent. Heard the learned counsel appearing on behalf of the petitioner and the learned standing counsel of Vijayawada Municipal Corporation. A fact remains that the petitioner submitted representation on 16.09.2008 on coming to know about the attachment and her representation is stated to be pending. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondent to consider the representation dated 16.09.2008 of the petitioner and pass appropriate orders, before proceeding with any coercive steps consequent on the attachment of the property. No costs. __________ 29-10-2008 rkk