1 APHC010189842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 9784/2023 Between: 1. DV SATYANARAYANA RAJU, S/O. JANAKI RAMA RAJU, AGED 65 YEARS, R/O. RACHAPALLI VILLAGE, PRATHIPADU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (PANCHAYATRAJ DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT NOW KAKINADA DISTRICT, ANDHRA PRADESH. 3. THE PRATHIPADU GRAM PANCHAYAT, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT NOW KAKINADA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY. ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 3 in enhancing the yearly tax to the property of the 2 petitioner i.e., RCC Building in Door No. 6-211, Prathipadu Village and Mandal, Kakinada District in Assessment No. 1044 abnormally and also in issuing demand notices and also filing of civil suit for recovery of enhance tax in O.S. No. 64 of 2023 on the file of the Junior Civil Judge, Prathipadu as illegal, arbitrary and also oppose to G.O.Ms. No. 98 PR&RD dated 14.03.2002 as well as oppose to principles of natural justice and also exceeding his jurisdiction consequentially direct the respondent no. 3 to receive the tax to the petitioner building in Assessment No. 1044 RCC Building in Door No. 6-211, Prathipadu Village and Mandal, Kakinada District as per G.O.Ms. No. 98 PR&RD dated 14.03.2002 and to pass 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 to direct the respondent no. 3 to receive the tax to the petitioner building in Assessment No. 1044 RCC Building in Door No. 6- 211, Prathipadu Village and Mandal, Kakinada District as per G.O.Ms. No. 98 PR&RD dated 14.03.2002 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 3 ORDER: Declaring the action of 3rd respondent in enhancing the yearly tax to the property of the petitioner i.e., RCC Building Dr.No.6-211, Prathipadu Village and Mandal, Kakinada District in Assessment No.1044 abnormally and also in issuing demand notices and also filing civil Suit for recovery of enhanced tax in O.S.No.64/2023 on the file of the Junior Civil Judge, Prathipadu, as illegal, arbitrary and contrary to G.O.Ms.No.98 PR&RD dated 14.03.2022, the present writ petition is filed. 2. Heard Sri V.Sai Kumar, learned counsel for the petitioner Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner and learned counsel for the respondents collectively submitted that similar issue as in this writ petition has already been dealt with by a Coordinate Bench of this Court in writ petitions vide W.P.Nos.4355, 4368 of 2019 and the same was disposed of on 08.11.2022 and the present writ petition is squarely covered by the order in those writ petitions and prayed to pass similar orders. 4 4. Taking their submissions into consideration, this Court is inclined to dispose of the writ petition in terms of the order passed in W.P.Nos.4355 & 4368 of 2019 dated 08.11.2022. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 6. As a sequel, miscellaneous applications, pending if any, shall stand closed. 7. Registry is directed to enclose a copy of the order in W.P.Nos.4355 & 4368 of 2019 dated 08.11.2022, to this order. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th December, 2025 RKS