INSTITUTE OF EDUCATION, RAMCHANDRAPURAM Vs. RAMCHANDRAPURAM MUNICIPALITY

JUDGEMENT

(1.) This Civil Revision Petition under Article 227 of the Constitution of India filed by the unsuccessful petitioner/plaintiff/appellant ("plaintiff for short) is directed against the orders dated 14-06-2012 of the learned Senior Civil Judge, Ramachandrapuram of East Godavari District made in I.A. No. 19 of 2012 in A.S. No. 16 of 2009 filed under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure requesting to accord permission to amend the plaint to include a relief of declaration that the levy and demand of tax for assessment Nos. 10547 to 10551 for the properties bearing Door Nos. 32-4-22/3, 32-4-22/4 and 32-4-22/5 are contrary to the provisions of the Andhra Pradesh Municipalities Act, 1965 (for short, 'the Act') and the Rules framed there under and that the said levy and demand are also arbitrary, illegal, capricious, and void and also opposed to principles of natural justice and judicial procedure and to further permit consequential amendments, as detailed in the petition.

(2.) It is on the strength of the above pleadings the plaintiff had sought amendment of the plaint during the pendency of the first appeal. According to the plaintiff, the relief of declaration was not sought for as the levy and demand of tax was itself challenged as Non est. However, in view of the Full Bench judgment of this Court referred toand the observations/findings recorded in the judgment of the trial court also referred to supra, the plaintiff sought amendment of the plaint to include relevant pleadings and the relief of declaration by way of abundant caution. However, the 1st defendant-Municipality in its counter filed resisting the proposed amendment contended as follows:

(3.) I have heard the submissions of the learned counsel for both the sides. Both the sides advanced submissions in line with the respective pleadings.