K Narasimhulu vs. The State Of Andhra Pradesh
Held
The Court disposed of the writ petition by granting liberty to the petitioner to submit a comprehensive representation to the 3rd respondent within one week from the date of receiving the order. This representation should include necessary documents to ventilate the petitioner's grievance. The 3rd respondent was directed to dispose of this representation as per law, passing a reasoned order within four weeks of receiving it, and communicate the decision to the petitioner. Pending the consideration of the representation, the respondents were restrained from taking any coercive steps for the recovery of the amounts demanded in the proceedings dated 30.04.2018 and 29.06.2018. No costs were awarded.
Facts
The petitioner, a leaseholder of shop No.9 since 2003, challenged proceedings dated 30.04.2018 and 29.06.2018 issued by the 3rd respondent (municipality). The first proceeding demanded Rs.51,774/- for the period 01.09.2013 to 31.08.2016, including differential rent, penalty, and service charges. The second proceeding demanded Rs.25,786/- for the period 01.11.2015 to 31.03.2018, including differential rent, penalty, and GST. The petitioner claimed to have no dues and had paid excess amounts, citing inconsistencies between the two demands. Despite personal requests and a representation dated 27.11.2019, the 3rd respondent took no action. The petitioner filed a writ petition seeking to set aside the proceedings and a direction to verify payments.
Key Issues
1. Whether the 3rd respondent should be directed to dispose of the petitioner's representation dated 27.11.2019, as per Article 226 of the Constitution of India? Petitioner's contention: The petitioner argued that directing the 3rd respondent to dispose of the pending representation would redress their grievance. Revenue/State's contention: The learned standing counsel for the 2nd respondent (State) submitted that the petitioner's representation lacked details of payments. They proposed that if the petitioner submits a fresh representation with necessary supporting documents, the 3rd respondent would consider and dispose of it within a reasonable time. The petitioner agreed to submit a fresh representation with necessary documents.
Sections Cited
None explicitly mentioned as being discussed or forming the basis of the decision, beyond general reference to Article 226 of the Constitution of India.
AI-generated summary — verify with the full judgment below
HON’BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.41 of 2020 ORDER:
In this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks to set aside the proceedings, dated 30.04.2018 and 29.06.2018 of the 3rd respondent in ROC.No.1950/2015/A1 and subsequently to direct the 3rd respondent to verify the payments made by the petitioner with regard to shop No.9, NTR shopping complex, Gudur, SPSR Nellore District, with the payments record. Heard learned counsel for the petitioner and learned standing counsel appearing for the 2nd respondent. The case of the petitioner is that since 2003 he is leaseholder of shop No.9 situated at NTR shopping complex, under the control of the 3rd respondent. He has been paying monthly rent fixed by the 3rd respondent from time to time. The 3rd respondent vide proceedings, dated 30.04.2018 stated that the lease period is renewed from 01.09.2013 to 31.08.2016 by enhancing the rent to Rs.2,770/- and demanded payment of differential rental amount of Rs.24,912/-, penalty amount of Rs.23,562/- and service charges of Rs.3,300/- total Rs.51,774/- within three days from the date of receipt of the noti
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