Talupula Srinivas, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:
Talupula Srinivas, S/o. Venkata Rama Markendeyulu, Aged about 30 years, Occ: Business, R/o. Door No.43-4-18, New Bank Colony, Palakollu Town and Mandal, West Godavari District & another .. Petitioners AND The Commissioner, Palakollu Municipality, Palakollu Town and Mandal, West Godavari District.
.. Respondent DATE OF JUDGMENT PRONOUNCED: 03.08.2015 SUBMITTED FOR APPROVAL:
THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?
No Whether the copies of judgment may be marked to Law Reports/Journals No Whether His Lordship wish to see the fair copy of the Judgment?
No
HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:
This writ petition is filed questioning the action of respondent in not considering the representation, dated 22.10.2014, made by the petitioners for mutation of their names in the Municipal House Tax Assessment Records as illegal and arbitrary and violative of provisions of the Andhra Pradesh Municipalities Act, 1965.
2. Heard the learned counsel for petitioners and the learned Standing Counsel for the respondent and with their consent, the writ petition is taken up for disposal at the stage of admission.
3. It is the case of the petitioners that they have partitioned the property by way of a Partition Deed bearing Document No.2805 of 2013, dated 03.05.2013, to an extent of 484 square yards (242 square yards each), in Door No.43-4-18 in Ward No.10 in Assessment No.2210 in R.S.No.210 of Palakollu Municipality, which originally belongs to one Pedda Pullaiah, who has conveyed the subject property by way of executing an unregistered Will, dated 12.06.2007, in favour of the petitioners.
The petitioners further claim that their grandfather's name was recorded in the Municipal Assessment House Tax Registers, who died on 27.04.2009. Since then, the
petitioners have been paying the house tax in their grandfather's name. The petitioners further submit that they made a rerpresentation on 22.10.2014 to the respondent to mutate their names in the House Tax Assessment Records of t h e Palakollu Municipality by deleting the name of their grandfather, but so far, no action is taken. Hence, this writ petition.
4. When the matter is taken up, both the learned counsel agreed for disposal of the writ petition with a direction to the respondent to expeditiously dispose of the representation of the petitioners, dated 22.10.2014.
5. Having regard to the same, without expressing any opinion on the merits of the matter, the Writ Petition is disposed of directing the respondent to consider the representation of the petitioner, dated 22.10.2014, pass appropriate orders, as warranted under law, within a period of three (3) weeks from the date of receipt of a copy of this order and communicate the decision to the petitioners. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________ P.NAVEEN RAO, J Date: 3rd August, 2015 KL HON'BLE SRI JUSTICE P.NAVEEN RAO
Date: 3rd August, 2015 KL