LUCKY WINES P LTD Vs. M C H

JUDGEMENT

(1.) The petitioner seeks a writ of mandamus declaring the action of the respondent in collecting Cheque No.024983 for Rs.7,350/-, Cheque No.024984 for Rs,12,250/- Cheque No.024985 for Rs.12,250/- and Cheque No.024986 for Rs.12,250/- from the petitioner towards the municipal property tax, ignoring the judgment of the Chief Judge, City Small Causes Court, Hyderabad, dated 1st July, 1994, in M.A. No.199/94, M.A. No.200/94, M.A. No.201/94, M.A. No.202/94 and M.A. No.203/94 in regard to the godowns bearing Municipal Nos.4-l-1082, 4-1-1082/1, 4-1-1082/2 and 4-1-1082/3, Boggulakunta, Hyderabad, as highhanded and illegal and for a consequential direction to return the cheques.

(2.) The petitioner claims to be the lessee of the said premises. Notices of demand for the property tax for the said premises were served on the occupier, the petitioner herein, on 19-3-1994 which covered the period commencing from April 1st, 1988 to March 31st, 1994. The petitioner carried the matter in appeal before the Chief Judge, City Small Cuases Court, Hyderabad in Municipal Appeal Nos. 199/94 and 200 to 203 of 1994 questioning the validity of the demand. The learned Chief Judge allowed the appeals with certain directions. The grievance of the petitioner is that ignorning the said orders of the learned Chief Judge, City Small Causes Court, the author! ties have taken coercive steps to collect the tax. Because the petitioner was under pressure, it parted with the cheques for the amounts mentioned hereunder:

(3.) It is this action which gave cause to the petitioner to approach this Court for the relief indicated above.