Telangana High Court
Amlegal, M/S. Viom Networks Limited, ... vs Commissioner, Ghmc, Hyderabad on 30 September, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.6756 of 2014
ORDER:(Per the Hon'ble the Chief Justice Alok Aradhe) Mr. Mohd. Islamuddin Ansari, learned counsel for the petitioner.
2. In this writ petition, the petitioner inter alia has prayed for the following relief:
"For the reasons stated in the accompanying affidavit the petitioner prays that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, especially one in the nature of a writ of mandamus declaring the action of the respondent in demanding the property tax in respect of the towers erected by the petitioner company without issuing any notice to the petitioner and the proceedings bearing Proc.No.1822/CT1/CTS/ GHMC/2014, dated 06.02.2014, rejecting the objections raised by the petitioner company, without considering various grounds raised by the petitioner as arbitrary, illegal, without jurisdiction, contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and rules made thereunder and in utter violation of well settled ::2::
principles of natural justice and to pass such other order or orders as are deemed fit and proper in the circumstances of the case."
3. Learned counsel for the petitioner submits that the issue with regard to the liability to pay the property tax on the mobile tower has been adjudicated by the Supreme Court in Ahmedabad Municipal Corporation vs. GTL Infrastructure Limited and others 1.
4. A Bench of this Court had granted an ad-interim order on 07.03.2014 by which the respondent was restrained from taking any coercive measures till quantification of property tax on the mobile tower erected by the petitioner.
5. It is not in dispute that during the pendency of the writ petition, the tax has been quantified. So there is no interim order.
6. Learned counsel for the petitioner submits that the petitioner is aggrieved by the quantum of property tax. 1 (2017) 3 SCC 545 ::3::
7. In case it is so, it is a separate cause of action. Therefore, the writ petition is disposed of with liberty to the petitioner to take recourse to such remedy as may be available to the petitioner in law with regard to quantification of the property tax.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
____________________ ALOK ARADHE, CJ _____________________ J.SREENIVAS RAO, J Date: 30.09.2024 ES