APHC010484232012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ^ WRIT PETITION NO: 22800 OF 2012 Between: 1. Rayapati Mohan Sai Krishna, Ex. Mayor Guntur Municipal Corporation, R/o. 3-30-15/3, Ring Road, Guntur - 522 006. 2. Guntur City Municipal Rate Payers Association, Rep. by its Pres. Paduchuru Parandhamaiah, Pensioners Home, Taluka Office Compound,Guntur- 522 002. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, MA & UD. Department, Secretariat, Saifabad, Hyderabad. 2. The Commissioner, Municipal Corporation, Guntur, Guntur - 522 003. N. ...Respondents 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 (i) the rental value determined in district Gazette No.77 dated 22.09.2007 and the property tax determined on that basis for non-residentia l premises in Guntur Municipal Corporation area as illegal arbitrary, based on unintelligible classification of buildings and contrary to the provisions of section 212 of Greater Hyderabad Municipal Corporation Act and assessment of property tax / rules framed there under, (ii) the decision of the government in GO.Rt 128 dated 02.02.2011 cancelling the resolution No.487 dated 29.09.2008 of the municipal Council is illegal, without application of mind and contrary to the provisions of section 679 - A of the Greater Hyderabad Municipal Corporation Act. (iii) failure on the part of the State Government in not implementing the recommendations of the Additional Director Municipal Administration and in issuing memo No.21509/TC.1/2011 dated 15.02.2012 with vague and uncertain direction to the Commissioner municipal corporation is illegal and suffers from non application of mind. Consequently set aside the above proceedings, direct the respondents to refund the property tax collected for nonresidential buildings from 01-10- 2007on the basis of District Gazette 77 dated 22-09 2007. Counsel for the Petitioners: SRI NAGI REDDY BAREDDY Counsel for the Respondents: SRI A S C BOSE SC FOR MUNICIPAL . CORPORATION Counsel for the Respondent No. 1 :GP FOR MUNCIPAL ADMN AND . URBAN DEV The Court made the following order: 1 APHC010484232012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0|ii0 [3460] Uk WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22800/2012 Between: 1.RAYAPATI MOHAN SAI KRISHNA, GUNTUR, & ANR., EX. MAYOR GUNTUR MUNICIPAL CORPORATION, R/0. 3-30-15/3, RING ROAD, GUNTUR - 522 006. 2.GUNTUR CITY MUNICIPAL RATE PAYERS ASSOCIATION, REP. BY ITS PRES. PADUCHURU PARANDHAMAIAH, PENSIONERS HOME, TALUKA OFFICE COMPOUND, GUNTUR - 522 002. ...PETITIONER(S) AND 1 .THE STATE OF A P REP BY PRL SECRETARY MA UD HYD ANR, REP. BY ITS PRINCIPAL SECRETARY, MA & UD. DEPARTMENT, SECRETARIAT, SAIFABAD, HYDERABAD. 2.THE COMMISSIONER, MUNICIPAL CORPORATION, GUNTUR GUNTUR-522 003. ...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 (i) the rental value determined in district Gazette No.77 dated 22.09.2007 and the property tax determined on that basis for non-residential premises in Guntur Municipal Corporation area as illegal arbitrary, based on unintelligible 2 classification of buildings and contrary to the provisions of section 212 of Greater Hyderabad Municipal Corporation Act and assessment of property tax rules framed there under, (ii) 02.02.2011 cancelling the resolution No.487 dated 29.09.2008 of the municipal Council is illegal, without application of mind and contrary to the provisions of section 679 the decision of the government in GO.Rt 128 dated - A of the Greater Hyderabad Municipal Corporation Act. (iii) failure on the part of the State Government in not implementing the recommendations of the Additional Director Municipal Administration and in issuing memo No.21509/TC. 1/2011 dated 15.02.2012 with vague and uncertain direction to the Commissioner municipal corporation is illegal and suffers from non application of mind. Consequently set aside the above proceedings, direct the respondents to refund the property tax collected for non-residential buildings from 01-10- 2007on the basis of District Gazette 77 dated 22-09 2007. lA NO: 1 OF 2012rWPMP 29158 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated i. . 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. Counsel for the Petitioner(S); 1.NAGI REDDY BAREDDY Counsel for the Respondent(S): 1.ANCHA PANDURANGA RAO 2.SC FOR MUNC AND MUNC CORP 3.GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: in 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P..NO.22800 of 2012 ORDER: \ The present Writ Petition is filed seeking the following relief: 1. “to declare that (i) the rental value determined in district Gazette No.77 dated 22.09.2007 and the property tax determined on that basis for non-residential premises in Guntur Municipal Corporation area as illegal arbitrary, based on unintelligible classification of buildings and contrary to the provisions of section 212 of Greater Hyderabad Municipal Corporation Act and assessment of property tax rules framed thereunder, (ii) the decision of the government in GO.Rt 128 dated 02.02.2011 cancelling the resolution No.487 dated 29.09.2008 of the municipal Council is illegal, without application of mind and contrary to the provisions of section 679 - A of the Greater Hyderabad Municipal Corporation Act. (iii) failure on the part of the State Government in not implementing the recommendations of the Additional Director Municipal Administration and in issuing memo No.21509/TC.1/2011 dated 15.02.2012 with vague and uncertain direction to the Commissioner municipal corporation is illegal and suffers from non application of mind. Consequently set aside the above proceedings, direct the respondents to refund the property tax collected for non residential buildings from 01-10- 2007on the basis of District Gazette 77 dated 22-09 2007”. 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. 4 3. Accordingly, the Writ Petition and other any, are therefore dismissed as infructuous. There shall be costs. miscellaneous petitions, if no order as to Sd/- J SAROJA ASSISTANT, REGISTRAR //TRUE COPY// S N OFFICER To, e CC to Sri. A S C Bose SC for Municipal Corporation [OPUC] . Two CCS to GP for Municipal Admin and Urban dev, High Court of^ Andhra Pradesh [OUT] 3. Three CD Copies GSC % HIGH COURT DATED:09/07/2025 \ ORDER WP NO. 22800 OF 2012 DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS