Gottupalli Lakshmi vs The State Of Andhra Pradesh
2021 Latest Caselaw 3787 AP

               THE HON'BLE SRI JUSTICE D.RAMESH

                   WRIT PETITION No.10639 of 2021
ORDER:

The Writ Petition is filed under Article 226 of the Constitution of

India seeking to declare the action of the 2nd respondent in mutating the

name of 3rd respondent in place of Shaik Bibijan in Municipal Records

pertaining to assessment no.1075014737, D.No.24B-11-38, Pattebada,

Revenue ward-28, Eluru, West Godavari District, without following

procedure and issuing notice in spite of pendency of civil suit is illegal,

arbitrary and consequently direct the 2nd respondent to cancel the

mutation made in favour of the 3rd respondent pertaining to assessment

number stated supra.

2. Heard both sides.

3. As per the averments in the affidavit, the petitioner along with her

mother and mother-in-law filed O.S.No.82/1999 on the file of the

Principal Senior Civil Judge, Eluru for specific performance of

agreement of sale dated 10.9.1980 and the same was decreed directing

the defendants 1, 5 and 6 therein to execute sale deed in favour of the

plaintiff and ordered defendants 2 to 4 to join them in executing the

same. Accordingly, she made an application on 23.11.2007 to the 2nd

respondent requesting to mutate her name in the Municipal records in

respect of assessment no.44496 as per the directions in the civil suit. It

is also averred that as against the decree and judgment dated

05.10.2007 in O.S.No.82/1999, the respondents have filed

A.S.No.241/2007 on the file of the V Additional District Judge, Eluru

and the same was dismissed on 18.8.2011. Aggrieved by the same, they

have preferred S.A.No.194/2012 and S.A.No.195/2012 and in the

second appeal stay has been granted and subsequently, the petitioners

made an application for mutation of their names in the revenue records.

The 2nd respondent has issued an endorsement on 31.5.2017 stating

that in view of the pendency of the civil disputes, the same would be

considered after the final orders from the High Court in the civil case.

Though the 2nd respondent has refused to mutate the name of the

petitioner in the municipal records in view of the pendency of the

appeal, but the 3rd respondent's application for mutating her name was

considered and mutated the name of the 3rd respondent in the

municipal records by the 2nd respondent. Questioning the said action,

the petitioner has issued legal notice on 15.6.2017 to the 2nd

respondent and 3rd respondent herein stating that in spite of pendency

of the civil disputes, the 2nd respondent mutated the name of the 3rd

respondent in the place of Shaik Bibijan pertaining to the assessment

no.1075014737 and requested to cancel the said modification. Despite

his repeated requests, the 2nd respondent has not considered the

request made by the petitioner. Hence the present writ petition is filed.

4. After notice, the 2nd respondent filed his counter on 23.9.2021

wherein he has specifically stated that after verifying the records, the

mutation of the name of the 3rd respondent was suspended vide

proceedings no. MC/1075036632 dated 19.8.2021 against the

assessment no.1075014737 bearing D.No.24b-11-31/3, Pathebada,

Revenue ward 28, Eluru, W.G.District. He filed the said proceedings

along with his counter.

5. In view of the suspension made by the 2nd respondent vide

proceedings dated 19.8.2021, nothing survives in the writ petition. As a

result of the same, no further orders are required to be passed in the

writ petition. But at the same time, liberty is given to the 3rd

respondent, if she has any grievance, she can approach the competent

authority as per the procedure contemplated under the Act.

6. Accordingly, the Writ Petition is closed. There shall be no order

as to costs.

As a sequel, all the pending miscellaneous applications, if any,

shall stand closed.

______________________ JUSTICE D.RAMESH

Date: 27.9.2021 RD

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.10639 of 2021 Dated 27.9.2021

RD