THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.30871 OF 2011 DATED:23.11.2011 Between: V.V. Suresh … Petitioner And The Government of A.P. Municipal Administration and Urban Development Secretariat, Hyderabad Rep. by its Principle Secretary and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION NO.30871 OF 2011 ORDER: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) The grievance of the petitioner is with regard to Memo No.5315/TC.1/ 2010-2, dt.28.6.2010 relating to restructuring of property tax in the Greater Visakhapatnam Municipal Corporation (GVMC) area. 2. It appears that the General Body of the GVMC passed a resolution on 17.8.2011 wherein it was decided that for residential houses the revision of tax shall not exceed 75% of the existing tax as on 31.3.2011. It was also resolved to request the Government to approve the resolution. 3. We are told by learned counsel for the State of Andhra Pradesh that the matter is pending with the State Government and no final decision has been taken in this regard. 4. Earlier, the impugned order dt.28.6.2010 was issued whereby it was directed that the rate for property tax should be as per the Gazette Nos.56/2007 and 123/2006 on the basis of the rental value. The rates were fixed per square meter of plinth area for type of construction and nature of use in the zones in GVMC and Gajuwaka areas and these were published for the erstwhile Gram Panchayats which were merged with Visakhapatnam Municipal Corporation. 5. As a result of the impugned order dt.28.6.2010, the tax was increased from Rs.3,374/- per half year to Rs.36,806/- per half year with effect from 1.4.2010. In this regard, a notice for payment was also issued to the petitioner and we are told by the learned counsel for the petitioner that the payment has already been made on 15.9.2011. 6. It appears to us that the payment for property tax in terms of the order dt.28.6.2010 is in conflict with the subsequent resolution passed by the General Body of the GVMC in its meeting held on 17.8.2011. 7. Since the matter is very much alive before the State Government and since the petitioner has already been paid the tax, we are of the opinion that the writ petition ought to be allowed with a direction to the State Government to take a decision one way or the other on the resolution passed by the GVMC, taking all relevant factors into consideration, within a period of two months and in any case before 15.2.2012. We do so accordingly. 8. With the above directions, the writ petition stands disposed of. Miscellaneous application also stands disposed of. __________________ MADAN B. LOKUR, CJ _______________ SANJAY KUMAR, J 23-11-2011 bnr