Exception To Rule Of Availing Alternative Remedy Arises When Impugned Order Bereft Of Reasons, Incapable Of Being Appealed Against: Telangana HC
Fareedunnisa Huma
11 Sep 2024 8:21 AM GMT
The Telangana High Court has reiterated that under peculiar circumstances when no reasons are provided in an order, relegating a litigant to the remedy of appeal would not be effective as no grounds have been furnished.
“Ordinarily, we would have relegated the petitioner to avail of the alternative remedy. However, in the peculiar facts and circumstances of the case, the remedy of appeal is not an efficacious remedy as the impugned order is bereft of any reasons and a person aggrieved is required to be apprised of the grounds on which the order was passed against him. In the instant case, in case the petitioner is relegated to the alternative remedy of appeal, the remedy of appeal would not be effective as no grounds have been furnished on the basis of which the order has been passed against the petitioner.”
The order was passed by a division bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao in a writ petition filed challenging the increased tax levied by the Deputy Commissioner, Greater Hyderabad Municipal Corporation Chowmohalla Palace Trust.
The Chowmahalla Palace is a 250-year-old palace, recognised as a heritage site by UNESCO. It contended that initially, an amount of Rupees 2,62,440/- was levied as property tax for the palace for the years 2012-2013. Subsequently, GHMC, issued a notice, directing the Palace administration to take part in a hearing, following which, the Deputy Commissioner enhanced the tax levied to Rs.7,04,355/-.
The abovementioned enhancement was challenged by way of the present writ.
The counsel on behalf of the respondents contended that the present writ should not be entertained as an equally effective and alternate remedy of appeal was available to the petitioner.
The petitioner on the other hand contended that the order was unappealable as it did not give any reasons.
Citing the Victoria Memorial Hall v. Howrah Ganatantrik Nagrik Samity judgment, the court reiterated that reasoning is an essential feature of transparency and the heartbeat of every order.
Thus, held “In view of the above, the impugned order dated 07.03.2013 is bereft of any reason and therefore, the same is set aside. The competent authority of GHMC is granted liberty to pass a fresh order by assigning reasons within a period of four weeks from the date of receipt of a copy of the order passed today.”
Case no.: Writ Petition No.9720 of 2013
Counsel for petitioner: Akarsh S.V representing senior counsel Avinash Desai.
Counsel for the respondent: Praveen Kumar Veerjala SC GHMC.
Citation: 2024 LiveLaw (Tel) 149
