APHC010471772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ' PRESENT the honourable SRI JUSTICE HARINATH. WRIT PETITION NO: 2505? of onon II- N Between: Dwarampudi Padmavathi, House Wife, R/o D. No. District (Erstwhile East Godavari W/o Sri Bhaskara Reddy, Aged 15-9-3, Satyaprasanna Nagar. Kakinada District), Andhra Pradesh - 533001. 67 years, Occ Kakinada ...Petitioner AND 1. State of Andhra Pradesh Municipal Administration Velagapudi, Guntur District Andhra Pradesh. I 2. The Kakinada Municipal Corporation Kakinada District (Erstwhile' 533001. Rep. by its Principal Secretary, Department Government of Andhra of Pradesh, Secretariat, Rep. by its Commissioner, Kakinada, East Godavari District), Andhra Pradesh ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue the High Court may be or direction more particularly one in extenrtinn ,h r, declaring the action of the Respondent in not extending the benefit of vacancy remission by refunding the property tax as ' contemplated under section 232 of the AP Municipal Corporation Act, 1955 an appropriate writ order the nature of Writ of Mandamus to the Petitioner in respect of the godowns owned by them bearing D. Nos. 16- 22- 24L, 16-22-24C, 16-22-24H, 16-22-24E, 16-22-24B and 16-22-241 of the Petitioner situated at Dummulapeta, Kakinada, East Godavari District as illegal, arbitrary and unjust and consequently direct the Respondents herein to refund the said amount forthwith to the Petitioner in respect of the said godowns for the vacancy period between 2023-24 and issue. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed ip support of the petition, the High Court may be pleased to direct the 2'^'^ Respondent to provide tax remission to the Petitioner property as per the provisions of Section 232 of AP Municipal Corporation Act, 1955 duly considering the representations made by the Petitioner for the period • 2023-24. Counsel for the Petitioner: SRI VIJAY MATHUKUMILLI Counsel for the Respondents: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondents: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following order: 1 •S' APHC010471772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] il* MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25052/2025 Between: 1.DWARAMPUDI PADMAVATHI, W/0 SRI BHASKARA REDDY, AGED 67 YEARS, OCC HOUSE WIFE, SATYAPRASANNA NAGAR R/0 D. NO. 15-9-3, KAKINADA, KAKINADA DISTRICT (ERSTWHILE EAST GODAVARI DISTRICT), ANDHRA PRADESH - 533001. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT ANDHRA PRADESH 2. KAKINADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KAKINADA, KAKINADA DISTRICT (ERSTWHILE EAST GODAVARIDISTRICT), ANDHRAPRADESH- 533001. ...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 toPleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in not extending the benefit of vacancy remission by refunding the property tax as contemplated under section 232 of the AP Municipal Corporation Act, 1955 to the Petitioner in respect of the godowns owned by them bearing D. Nos. 16-22- 24L, 16-22-24C, 16-22-24H, 16-22-24E, 16-22- 4. 16-22- 24L, 16-22-24C, 16-22-24H, 16-22-24E, 16-22- 4. 2 24B and 16-22-241 of the Petitioner situated at Dummulapeta, Kakinada, East Godavari District as illegal, arbitrary and unjust and consequently direct the Respondents herein to refund the said amount forthwith to the Petitioner in respect of the said godowns for the vacancy period between 2023-24 and issue lA NO: 1 OF 2025 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 direct the 2nd Respondent to provide tax remission to the Petitioner property as per the provisions of Section 232 of AP Municipal Corporation Act, 1955 duly considering the representations made by the Petitioner for the period 2023-24, and pass Counsel for the Petitioner; 1.SR1 VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25052 of 2025 ORDER: The petitioner is aggrieved by the inaction on the part of the respondents in not extending the benefit of vacancy remission by refunding the property tax in accordance with Section 232 of the Andhra Pradesh Municipal Corporation Act, to the petitioner, in respect of godowns owned by the petitioner. 1. The learned counsel for the petitioner submits that the petitioner owns 2. these godowns and is entitled to remission of the taxes. It is submitted that the Division Bench of this Court in W.P.No.24858 of 2015 had considered the name husband and disposed off the writ petition by directing the consider the representation of the petitioners therein on merits. of the petitioner’s respondents to Pursuant to the said directions of this Court, the respondent authorities have It is submitted that the refunded the amount of taxes levied and collected, petitioner is now entitled to remission for the financial year 2023. respondent, on instructions. nd The learned Standing counsel for the 2 committee has recommended vacancy remission for 3. submits that the standing godowns amounting to Rs.6,24,896/- vide proceedings dated 19.05.2023, and that the same is pending consideration with the concerned authorities. the six 4. Recording the same, the present writ petition is disposed off by directing recommended by the the respondents to extend the vacancy remission as vide proceedings dated 19.05.2023, within a period of six standing committee (06) weeks from the date of the receipt of this order. 4 As a sequel, miscellaneous applications, pending,^if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// .J SECTIO^FFICER To, 1. The Principal Secretary, Department of Municipal Administration Government of Andhra Pradesh, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District Andhra Pradesh. 2. The Commissioner,Kakinada Municipal Corporation, Kakinada, Kakinada District (Erstwhile East Godavari District), Andhra Pradesh - 533001. 3. One CC to Sri Sri Vijay Mathukumilli, Advocate [OPUC] 4. One CC to Sri A S C Bose, (SC for Municipal Corporations) [OPUC 5. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:22/09/2025 / 2 5 SEP 2025 \ ORDER WP.NO. 25052 OF 2025 ^ Current Section ^ PATCVI^ DISPOSING OF THE WP WITHOUT COSTS