High Court · 2025

Judgment

1. ]l9,Slg]p__qt Jglr.ngqnq, Represented by its Principat Secretary, Deparrment oT Munrcrpat Administration and Urban Development secretariai Builbings, At Hyderabad 2- The commissioner and Director of. Municipal Administration, Represented by Director, 640, A.C. Guards, Hyderabad ...PETITIONER

3. The Sulthanabad IVunrcipality, Represented by its Commissioner, - Sulthanabad, Peddapalli Disirict

4. The District Collector, Peddapalli District ...RESPONDENTS

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit fited therewith, the High court may be pleased to issue writ or direction preferably writ of IVandamus, declaring the action of Respondents No.2 to 4 in not rectifying the wrong entries made with regard to 5-21 in Pathajenda, surthanabad, Surthanabad Gram panchayat, sulthanabad [\,4andal, Peddapalli District without following due process of law and contrary to the act which is illegal, arbitrary and violation of principles of natural justice and consequentially direct the Respondent Nos. 2 to 4 to rectify the entries in the municipal records in favour of petitioner with regard to 5-21 in Pathajenda, Sulthanabad, sulthanabad Gram panchayat, Sulthanabad Mandal, Peddapalli District. r =.=:7 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 Court may be pleased to direct the Respond,rnt No.2 to 4 to consider the representation dt. 27.06.2025 submitted to Resp rndent No. 2 by mutating the name of petitioner in the municipal records r,r'ith regard to 5-2'1 in Pathajenda, Sulthanabad, Sulthanabad Gram Panchayat, S ulthanabad Mandal, Peddapalli District, pending disposal of the writ petition in tf e interest of justice. Counsel for the Petitioner: Ms. BOBBALA JYOTHIRMAI Counsel for the Rer;pondent No.'l & 2: GP FOR MCPL ADMTJ URBAN DEV Counsel for the Rer;pondent No.3: SRI PUTTA KRISHNA RE DDY, SC FOR MCPL Counsel for the Res;pondent No.4: GP FOR REVENUE The Court made the, following: ORDER THE HONOURABLE SRT JUSTICE B. VIJAYSEN REDDY WRIT PETITIONNo.28722 of2025 ORDER(ORAL): This writ petition is filed seeking to declare the action of respondent Nos.2 to 4 in not rectifying the wrong entries made with regard to 5-21 in Pathajenda, Sultanabad, Sultanabad Gram panchayat, Sultanabad Mandal, Peddapalli District, as illegal and arbitrary. 2 Heard learned counsel for the petitioner and Mr. putta Krishna Reddy, learned Standing Counsel for Municipality appearing for respondent No.3.

3. Mr. Putta Krishna Reddy, learned Standing Counsel for Municipality appearing for respondent No.3 has taken preliminary objection to the maintainability of the writ petition. He submitted that the petitioner has not submitted representation to respondent No.3, who is the competent authority and instead submitted representation to respondent No.2 and thus, the writ petition may not be entertained.

4. Leamed counsel for the petitioner submitted that representation has been submitted to respondent No.2 and copies have been marked to respondent Nos.3 and 4. The grievance of the petitioner is regarding the l l 2 BVR, J wp 28722 2025 wrong entries mzde in respect of property bearing H.No' i- 121 (wrongly mentioned in alfidavit as 5-21), Pathajanda, Sultanabad, Sultanabad Gram Panchayat, Sultanabad Mandal, Pedapalli District' The father of the petitioner l:rk: Kandukuri Venkata Chary was the absolute owner and possessor of tht: subject property and he expired in the year 1973 ieaving behind his sons and daughters as legal heirs, as ttLe mother of the petitioner passec. away long back. The petitioner has 1r5th share in the subject propelt)'. While so, in the year 2015, the brother of the petitioner, late Ii. Kalakara Chary applied for mutatiotr of the subject property in his rame on 21.09.2015. That, the then Panchayat Secretary of Sultanabad Gram Panchayat issued a no -ification vide No.A3i238lGI'}S/2O15, dated22.09.2015 to the general public calling for objections within 30 days. Even before expiry of 30 Cays from such Notice, tnutatiott was affected in the name of K. Kalal':ara Chary' It is stated that during life time of K. Kalakara Chary, mutat on was affected in his favour a.nr l he has sold the property to third parties . The petitioner was not aware ttl the said mutation. After coming to ktrow the same in the year 2022,, the petitioner submitted multiple reprer;entations under R.T.I. seeking information and documents related to the said mutation affected in fav,tur of K. Kalakara Chary and it is informed that the t, t 3 B\a& J wp 28722J025 related documents were not available in the office. Therofore, the petitioner submitted a detailed representation dated 27.06.2025 to respondent No.2 for rectifying the wrong entries made in respect of propefty bearing H.No.5- I 2l . Hoq,ever, action has not been initiated.

5. In the light ol the above submissions, without entering into merits of the case, the Writ Petition is disposed of direoting respondent No.3 to consider the representation of the petitioner dated 27.06.2025 and pass appropriate orders in accordance with Iaw, by issuing notice to the petitioner, purchascr i.e., Sultanabad Pattna Swarnakara Sangam and all other interested persons and aflording them an opportunity of hearing. The said exercise shall be completed within a period of six (06) weeks from the date ofreceipt ofa copy of this order. As a sequel thereto, miscellaneous applications, if any pending, in this petition, shall stand closed. There shall be no order as to costs //TRUE COPY// /-P. PONNA KRISHNA ISTANT REGISTRAR SECTION OFFICER To, .1. The Principal Secretary, Department of lr/unici I Administration and Urban Devel opment Secretariat Buildings, At Hyderabad, State of Telangana 2 The Commissioner and Director of ft,4unicipal Administration, Represented by Drrector, 640, A.C. Guards, Hyderabad

3. The Commrssioner, Sulthanabad tt4unicipality, Sulthanabad, District Peddapalli

4. The District Collector, Peddapalli District 5. One CC to N/s. BOBBALA JYOTHIRIMAI, Advocate [OPUC] 6. One CC to SRI PUTTA KRISHNA REDDY, SC FOR IMCPL IOPUC] 7. Two CCs to cP FOR IVCPL ADIVN URBAN DEV, Hiqh Court for the State of Telangana at Hyderabad [OUT] B. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT] 0

9. Two CD Copies HIGH COURT DN|ED,,2210912025 'r\'t: t fi{ tt6 /;.Jq i,-) \,,1- + ' :...-. ORDER WP.No.2872',2 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 6lrolr