Y. Nagamallesawar Rao v. State of Telangana

4. Mis. Srinidhi Niwas Builders, Rep. by its Partner, Smt. Rudrama Devi, Wo. BA. Rama Rao, Aged 51 Years, Occ. Business, R/o.HlG-404, BHEL, R.K. Puram, Hyderabad-32. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the action of the respondent no. 3 in issuing notices in Letter No.3029/REV/Cir-23|GHMC/2O24 dated 30-12-2024 and Letter No. /REV/Cir- 23|GHMC|2O25 dated 20-01-2025 as arbitrary, illegal and set aside the same and consequently direct the 3rd Respondent not to delete the name of the petitioner from the property tax records in respect of Flat No.505, Srinidhi Towers, bearing Door No.15-24-31412129, KPHB Colony, Kukatpally, llyderabad bearing PTIN No.1 141 501 673. lA NO: 1 OF 2025 Petition under section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High c)ourt may be pleased to grant stay of all further proceedings before the 3rd Respondent pursuant to the iotice daied 3-12-2024 in Letter No.3029/REViC|r-23/GHMC/2024 dated 30-12- 2024 and Letter No.iREV/Cir-23lGHMC 12025 daled 2o-o1-2025 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI PRABHAKAR PERI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2 & 3: SRI K. RAVI MAHENDER' SC FOR GHMC Counsel for the Respondent No.4: - - - - The Court made the following: ORDER I ORDER: HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.26 20 of2O25 Heard learned counsel appearing for the petitioner and Sri K. Ravi Mahender, learned Standing Counsel appearing for respondent Nos.2 and 3. Perused the record.

2. In view of the nature of relief sought by the petitioner, this Writ Petition is disposed of at the admission stage dispensing with notice to respondent No.4.

3. Petitioner is clairning that he has purchased a Flat bearing No.505, Srinidhi Towers, bearing door No. 15-24- 31412/29, KPHB Colony, Hyderabad from respondent No.4. Respondent No.4 is not receiving the balance sale consideration and also not executing a registered sale deed in his favour. Therefore, he has hled a suit in O.S.No.1O81 of 2OO2 against respondent No.4 seeking KL,J W.P.No.262O of 2O2S 2 specific performance of agreement of sa_le. The same was dismissed. Feeling aggrieved by the said judgment and decree, he has preferred an appeal vide A.S.No. 4l of 2OOg and the sarne was also dismissed. lje has also liled Second Appeal vide S.A.No.955 of 2016 and this Court admitted S.A. and it is pending before this Court. His narne was arso mutated in the Revenu,: records. He has been paving property tax to the GHMC. In proof of the same, he has filed copies of all the aforr:said tzrxes. He is in possession ofthe said property.

4. While the matter stood thus, on the complaint submitted by one Mr.Satyanarayana, respon<1ent No.3 has issuecl a notice dated 30. 12.2024 stating that the said Mr.Satyanarayana is the General power of Attorney holder of respondent No.4 firm and he has stated that petitioner obtained mutation proceedings without registering the Flat by ,.^/ay of mis-representation. Therefore, respondent No.3 requested the petrtioner to KL,J W.P.No.262O of 2025 J attend for enquiry along with all relevant documents on

04.ot.2025.

5. According to the petitioner, he has attended the enquiry on O4.O1.2O25 before respondent No.3 and also submitted reply dated 15.01.2025 to respondent No.3. He has also submitted one more representation dated O4.O1.2025 to respondent No.3 with a request to grarrt 10 days to furnish documents. Without considering the s€une, respondent No.3 vide proceedings dated 2O.O',.2O25 deleted the name of the petitioner from the Municipal records in respect of the subject Flat stating that petitioner failed to submit documents as sought by respondent No.3 even after lapse of 16 days time. In fact, the said ground on which respondent No.3 has deleted the name of the petitioner is factually incorrect.

6. As stated srlpra, petitioner is contending that he has attended before respondent No.3 in the enquiry conducted on O4.OL.2O25 pursuant to the notice, dated KL,J W.P.No.262O of 2O2S 4 ' - :r:1.:,,,

30.72.2024. He has a_lso submitted a representation dated O4.01 .2025 to respondent No.3 with a request to gralt 10 days to furnish documents. Therealter he has submitted documents on 15.01.2025. Without considering the said aspects, vide proceedings dated 2O.O1.2O25 respondent No.3 deleted the name of the petitioner herein from the Municipal records. Therefore, the same is non-consideration of the aforesaid aspects including pendency of Second Appeal.

7. In the light of the aforesaid discussion, this Writ Petition is disposed of setting aside, the impugned proceedings dated 20.01.2025 issued by respondent No.3 and the matter is remanded back to ::esponclent No.3 with a direction to pass orders a_fresh by putting the petitioner and respondent No.4 on notice and affording them an opportunitlr of hearing. He shall also consider the pendency of the aforesaid Second A.ppeal He sha_ll complete the said exercise within a period of four (O4) weeks from the date of receipt of a cop.y of this order. ,j ;l KL,J W.P.No.262O of 2025 5 Liberty 1S granted to the petitioner to submit an application to respondent No.3 seeking copy of the complaint submitted by Mr.Satyanarayana, General Power of Attorney holder of respondentNo.4. On receipt of the said application, respondent No.3 shall furnish the same. Liberty is also granted to the petitioner to submit additional explanation to respondent No.3 and respondent No.3 shall also consider the same. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPY// SD/- A- ASSI SRIN IVASA REDDY s T REGISTRAR To,

4. 5. o.

7. The Principal Secretary, Municipal Admini Dept., Sta te of Tela ngana, S The Com missioner Greater Road, Hyderabad. Deputy Commissioner Zone K tpa llv M Kuma Cto One C SRI P RA B HA PERI , Advo One CC to SRI K. RAVI MAH ENDE R, SC Two CCs to GP FOR MUNIC IPAL ADMIN DEVELO PMENT, High Court for the State Two CD Copies B N GJP , Greater H pet, KAR @X ECTION OFFICER ecretaria t,Hyderabad_ stration and Urban Development Hydera bad Municipal Corporation, Tank Bund cipal Corporation Circle 23, yderabad Muni tpally, H erabad. ;ia3d-Brr-rs or I etangana. [OUT] N HIGH COURT DATED:3010112025 J ORDER WP.No.2620 ot 2025 I t (_) dC. l: TA fa 1 ,/ L 11FtB 2025 * o €spl, rc 90 -s* DISPOSING OF THE WRIT PETITION WITHOUT COSTS t.i.