APHC010193132023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10404/2023 Between: 1. DSJR EDUCATIONAL SOCIETY, RACHAPALLI, PRATHIPADU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS CORRESPONDENT DV SUBBA RAJU, S/O. JANAKI RAMA RAJU, AGED 68 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. 2 ...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 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 petitioner i.e., RCC Building in Door No. 6-212, Prathipadu Village and Mandal, Kakinada District in Assessment No. 1259 abnormally and also in issuing demand notices and also filing of civil suit for recovery of enhance tax in O.S. No. 263 of 2022 on the file of the Junior Civil Judge, Prathipadu as illegal, arbitrary and also oppose to G.O.Ms. No. 98 PRandRD 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. 1259 RCC Building in Door No. 6-212, Prathipadu Village and Mandal, Kakinada District as per G.O.Ms. No. 98 PRandRD 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 pleased to direct the respondent no. 3 to receive the tax to the petitioner building in Assessment No. 1259 RCC Building in Door No. 6-212, Prathipadu Village and Mandal, Kakinada District as per G.O.Ms. No. 98 PRandRD 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): 3 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following Order: Questioning the action of the 3rd respondent in enhancing the annual tax on the petitioner’s building bearing Door No.6-212 of Prathipadi Village and Mandal, Kakinada District, under assessment No.1259, as abnormal and issuing demand notices as well as filing civil suit for recovery of the enhanced tax vide O.S.No.263 of 2022 on the file of the Junior Civil Judge, Prathipadu, the present writ petition is filed. 2. Heard Sri V. Sai Kumar, learned counsel for the petitioner, Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Today, when the matter is called for consideration, learned counsel for the petitioner submitted that the issue involved in this Writ Petition is squarely covered by the order dated 08.11.2022 passed by this Court in W.P.Nos.4355 & 4368 of 2019 and requested to pass a similar order. 4 4. Learned Standing Counsel and Learned Assistant Government Pleader, do not refute the submissions made by the learned counsel for the petitioner. 5. Considering the submission of learned counsel for the petitioner that the issued involved in the present writ petition is alike in the aforesaid order, this Writ Petition is disposed of in terms of the order dated 05.01.2012 passed by this Court in W.P.Nos.4355 & 4368 of 2019. There shall be no order as to costs. 6. Registry is directed to attach the copy of the order dated 08.11.2022 passed by this Court in W.P.Nos.4355 & 4368 of 2019 to this order. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 01.12.2025 ANS 5 . 265 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 10404/2023 Date: 01.12.2025 ANS