1 APHC010141952008 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2875/2008 Between: 1. THE GUNTUR CITY MUNICIPAL RATE PAYERS ASSOC.,, REP. BY ITS GENERAL SECRETARY, SRI K. SATYANARAYANA, S/O. K. LAKSHMI PULLA RAO, AGED ABOUT 61 YEARS, HAVING OFFICE AT PENSIONER'S HOME, TALUK OFFICE COMPOUND, BRODIPET, GUNTUR DISTRICT. ...PETITIONER AND 1. DEPT OF MUN ADMN URBAN DEV TC ANOTHER, REP. BYITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (TC) SECRETARIAT, HYDERABAD. 2. THE MUNICIPAL CORPORATION GUNTUR, REP. BY ITS COMMISSIONERS, GUNTUR. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ declaring that the action of the 1st respondent a) in issuing G.O.Ms.No. 635, dated 27-8-2007 directing the 2nd respondent to enhance the property tax for Non-Residential Buildings, in purported exercise of power under Sections 679(e) of HMC ACt, 2 1955 is without jurisdiction and ultra vires to the provisions of the Act and consequentially declare the final notification issued by the 2nd respondent in R.O.C. No. 9045/2006/A1, dated 22-09-2007 is invalid and bad in law being in violation of the provisions of the HMC Act, 1955 and consequentially enforcing of implementation of final notification also as illegal and consequentially issuing G.O.Ms.No. 732 MA dated 29-09-2007, under exercise of powers conferred by Sub-Section (1) of Section 585 read with Clause (a) of Sub-Section (1)j of Section 212 of Hyderabad Municipal Corporation Act, 1955 as amendment to G.O.Ms.No. 439 dated 29-11-1990 by adding Rule 11, in issuing, G.O.Ms.No. 864 dated 26-11-2007 under exercise of powers conferred by sub-Section (1) of Section 585 read with Clause (a) of Sub-Section (1) of Section 212 of Hyderabad Municipal Corporation Act, 1955 as amendment to G.O.Ms.No. 439, dated 29-10- 1990 and substituting the Rule 11 is without jurisdiction ultra vires to the provisions of the Act and illegal, arbitrary, unjust and grant any other relief as deems fit in the circumstances of the case. IA NO: 1 OF 2008(WVMP 896 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in WPMP No. 3710/2008 in WP NO. 2875 of 2008 dt. 14-2-2008 and pass IA NO: 2 OF 2008(WPMP 3710 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings pursuant to publication of draft final notification in R.O.C.No. 9045/2006/A1, dated 22-9-2007 including issuances of demand notices to the Guntur Municipal Tax Prayers pending disposal of the Writ Petition and pass IA NO: 3 OF 2008(WPMP 3711 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of G.O.ms.No. 635 Municipal Administration and Urban Development (TC) Department, Dated 27-8-2007, G.O.Ms.No. 732 Municipal Administration and Urban Develoment (TC) Department, dated 29-9-2007 3 G.O.Ms.No. 864 Municipal Administrtion and Urban Development (TC) Department, dated 26-11-2007 pending disposal of the Writ Petition and pass IA NO: 4 OF 2008(WPMP 6221 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the Demand/Special Notices issued to above mentioned menbers of our association on the same terms as this Hon'ble Court was pleased to grant in order passed in W.P.No.3710/08 in W.P.No.2785/08 dt. 14-2-1008 and pass IA NO: 5 OF 2008(WPMP 7125 OF 2008 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2009(WPMP 9322 OF 2009 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date for final hearing of the WP No. 2875 of 2008 and to pass IA NO: 1 OF 2013(WPMP 13801 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the writ petition IA NO: 2 OF 2013(WPMP 30452 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to fix an early date of hearing of the writ petition and be pleased IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to receive the counter copy on record by allowing the leave petition in the above writ petition and may pass Counsel for the Petitioner: 4 1. NAGI REDDY BAREDDY 2. V RAVINDER RAO Counsel for the Respondent(S): 1. ANCHA PANDURANGA RAO 2. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 3. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.2875 of 2008 ORDER: 1. The present Writ Petition is filed seeking the following relief : “to declare that the action of the 1st respondent a) in issuing G.O.Ms.No. 635, dated 27-8-2007 directing the 2nd respondent to enhance the property tax for Non-Residential Buildings, in purported exercise of power under Sections 679(e) of HMC ACt, 1955 is without jurisdiction and ultra vires to the provisions of the Act and consequentially declare the final notification issued by the 2nd respondent in R.O.C. No. 9045/2006/A1, dated 22-09-2007 is invalid and bad in law being in violation of the provisions of the HMC Act, 1955 and consequentially enforcing of implementation of final notification also as illegal and consequentially issuing G.O.Ms.No. 732 MA dated 29-09-2007, under exercise of powers conferred by Sub-Section (1) of Section 585 read with Clause (a) of Sub-Section (1)j of Section 212 of Hyderabad Municipal Corporation Act, 1955 as amendment to G.O.Ms.No. 439 dated 29-11-1990 by adding Rule 11, in issuing, G.O.Ms.No. 864 dated 26-11-2007 under exercise of powers conferred by sub-Section (1) of Section 585 read with Clause (a) of Sub-Section (1) of Section 212 of Hyderabad Municipal Corporation Act, 1955 as amendment to G.O.Ms.No. 439, dated 29- 10-1990 and substituting the Rule 11 is without jurisdiction ultra vires to the provisions of the Act and illegal, arbitrary, unjust and grant any other relief as deems fit in the circumstances of the case”. 6 2. In view of the passage of time and the change in the legal position as on date, the cause in the Writ Petition does not survive for consideration. 3. Accordingly, the Writ Petition and other miscellaneous petitions, if any, are therefore dismissed as infructuous. There shall be no order as to costs. __________________ NYAPATHY VIJAY, J Date: 9.07.2025 eha 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.2875 of 2008 Date: 9.07.2025 eha U