Citation : 2024 Latest Caselaw 7837 AP
Judgement Date : 29 August, 2024
APHC010315842024 IN THE HIGH COURT OF ANDHRA Bench Sr.No:-
1
PRADESH [3446]
AT AMARAVATI
WRIT APPEAL NO: 716 of 2024
K. Bhaskar Naidu ...Appellant
Vs.
The State of Andhra Pradesh and others ...Respondents
**********
Sri T. C. Krishnan, Advocate for the appellant.
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO
DATE : 29th August 2024
PC:
The present Writ Appeal has been preferred against the judgment and
order dated 27.02.2024 passed in W.P.No.31302 of 2023.
2. The writ petition was filed by the appellant herein challenging the order
of mutation dated 27.07.2023 passed by respondent No.2/the Commissioner,
Municipal Corporation, Tirupati, Tirupati District incorporating the name of the
brother of the appellant herein - respondent No.6 in the municipal records as
an owner of the property which fell jointly to the share of the appellant as also
the said respondent No.6.
3. According to the judgment and order impugned, the learned single
Judge rejected the claim of the petitioner that the due procedure has not been
followed by the concerned authorities while making the mutation. The Court
ordered that since an alternate remedy by way of an appeal is available to the
petitioner, the same be availed.
4. We have heard the learned counsel for the appellant. In our view, the
judgment and order impugned needs no interference as the
petitioner/appellant herein itself has an efficacious alternate remedy by way of
an appeal under Rule 5 of the Andhra Pradesh Municipalities (Alteration of
Ownership of Property in Assessment Books) Rules, 1966 and can as well
avail the said remedy. We do not find any perversity in the judgment and
order impugned in the present appeal. The writ appeal being devoid of merit
is dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ
R. RAGHUNANDAN RAO, J
AMD
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
WRIT APPEAL NO: 716 of 2024
Dt: 29.08.2024
AMD
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