IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE,THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 4703 of 2009 Between: 1 Koppuravuri Subba Rao S/o.Chenchuramaiah R/o.5-92-42/9 Devapuram 2nd Line, Guntur 2 Koppuravuri Yedukondalu S/o.Chenchuramaiah R/o.5-92-42/8 Devapuram 2nd Line, Guntur 3 Koppuravuri Babu Rao S/o.Chenchuramaiah R/o.5-92-42/7 Devapuram 2nd Line, Guntur ..... PETITIONER(S) AND The Guntur Municipal Corporation, rep.by its Executive Authority & Commissioner,Opp:Gandhi Park, Guntur .....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 to issue a writ order or direction preferably in the nature of writ of mandamus declaring the action of the respondent in issuing Notice bearing No.notice No.27143 dated 4.2.2009 which was received by the eptitioner on 3.3.3009 calling on the petitioners to pay arrears of tax at under section 268 of Municipal Corporation Act, 1955 as arbitrary,illegal, and without jurisdiction and further prays to set aside the same and pass Counsel for the Petitioner:MR.K.JAYA KUMAR Counsel for the Respondent No.: MR.B.VENKATARATNAM The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) Petitioners, owners of the property bearing Door No.6-19-75 situated in the area of Guntur Municipal Corporation, have been issued demand notice dated 04.02.2009. The aforestated demand notice was issued in pursuance of the assessment order dated 29.03.2008. It is the case of the petitioners that against the assessment order dated 29.03.2008, they have already filed a complaint on 10.04.2008 under the provisions of Section 221 of the Hyderabad Municipal Corporations Act, 1955. The aforestated fact could not be denied by the learned Advocate appearing for the respondent-Corporation and it has been submitted by him that the complaint shall be finally decided within two weeks from today. In pursuance of the above statement, we direct that the impugned demand notice shall not be acted upon till the complaint filed by the petitioners is finally disposed of by the Commissioner, Guntur Municipal Corporation. In view of the above direction, the petition stands disposed of with no order as to costs. ___________________ ANIL R. DAVE, CJ _____________________________ RAMESH RANGANATHAN, J 25th March 2009 CVRK