Bandaru Nagendra Prasad, vs State Of Andhra Pradesh
2022 Latest Caselaw 6634 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION No.29036 of 2022

JUDGMENT:-

1.    Heard Sri C.Subodh, learned counsel for the petitioners

and Sri N.Ranga Reddy, learned Standing Counsel for

respondent No.2.

2. With the consent of the parties counsels, the writ

petition is being disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution

of India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not considering the legal notice dt 08.08.2022 got issued by the petitioners, requesting not to mutate the names of the respondents 3 to 6 with respect to buildings bearing Door Nos.621/C and 621/A having assessment Nos.1162014377 and 1162014376 respectively situated in Sy.No.187 Allagadda village and Mandal Kurnool District as illegal arbitrary violation of principles of Natural justice and violation of Article 300A of the Constitution of

India and consequently direct the 2nd respondent not to mutate the names of the respondents 3 to 6 with respect to buildings bearing Door Nos.621/C and 621/A having assessment Nos.1162014377 and 1162014376 respectively situated in Sy.No.187 Allagadda village and Mandal Kurnool District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. Sri C.Subodh, learned counsel for the petitioners

submits that the unofficial respondents 3 to 6 filed O.S.No.24

of 2010 against the petitioners with respect to property

involved in this petition for declaration of title and permanent

injunction which suit was dismissed on 03.11.2018 by the

Junior Civil Judge, Allagadda against which the respondents

3 to 6 preferred an appeal A.S.No.93 of 2018 which was

allowed vide Judgment and Decree dated 23.12.2021 by the

V Addl. District Judge, Allagadda. Challenging the appellate

decree the petitioners filed Second Appeal No.44 of 2022

which is pending before this Court after admission, and on

09.02.2022, this Court granted interim order directing that

the respondents shall not in any way interfere with the

possession of the house claimed by the appellants in the

plaint schedule.

5. He further submits that the respondents 3 to 6

approached the 2nd respondent for mutation of their names

over the schedule property on the strength of the decree

passed by the First Appellate Court. The petitioners when

acquired knowledge, filed their objections stating about the

pendency of the Second Appeal and the interim order, but the

petitioners' objection is not being considered and they

apprehend that the 2nd respondent shall pass the order

considering only the application of the respondents 3 to 6.

6. Sri N.Ranga Reddy, learned counsel submits that once

the petitioners have brought to the notice of the 2nd

respondent about the pendency of the Second Appeal and the

Interim order granted therein, the 2nd respondent shall

certainly take into consideration the objections of the

petitioners. The apprehension raised by the petitioners is

baseless. He however submits that the 2nd respondent will

dispose of the application of respondents 3 to 6 in accordance

with law, after taking into consideration, the petitioners'

objections dated 08.08.2022.

7. In view of the aforesaid submissions, this writ petition

is being disposed of finally with the direction to the 2nd

respondent/The Commissioner, Allagadda Municipality,

Kurnool District, that while considering the application of

mutation filed by the respondents 3 to 6, he shall also take

into consideration the petitioners' objections filed there

against and shall pass final orders in accordance with law

after affording opportunity of hearing to the petitioners and

the respondents 3 to 6.

08. It is open to the petitioners to submit copy of their

objections dated 08.08.2022 with copy of this order before 2nd

respondent.

09. The writ petition is disposed of finally.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

_______________________ RAVI NATH TILHARI,J

Date: 09.09.2022 Ssp

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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.29036 of 2022

Date: 09.09.2022

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