Khadeerunnisa Begum, v. The Commissioner
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 32143 OF 2012 Between:
Khadeerunnisa Begum. ...Petitioner And The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad. ..Respondent Date of Judgment pronounced: 11.08.2015 Submitted for Approval:
The Hon'ble Sri Justice A.Rajasheker Reddy
1. Whether Reporters of Local newspapers May be allowed to see the Judgments? Yes/No
2. Whether the copies of judgment may be Marked to Law Reporters/Journals Yes/No
3. Whether His Lordship wish to see the fair Copy of the Judgment? Yes/No HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY Writ Petition No. 32143 of 2012 ORDER :
It is the case of the petitioner that she is the absolute owner and possessor of house bearing No.17-8-246/7, admeasuring 125 sq.yds at Baghejahanara, outside Yakutpura, Hyderabad,
having purchased the same through registered sale deed No.5806 of 2007, dated 14.11.2007. The vendor of the petitioner purchased the said house from its owner Balamani through registered sale deed No.2602 of 1980, dated 16.10.1980. The petitioner made an application under Section 208 of the Hyderabad Municipal Corporation Act, 1955 (for short 'the Act of 1955') before the 2nd respondent on 13.07.2009 for mutating her name. The petitioner also filed encumbrance certificate dated 09.08.2012.
The petitioner has also paid municipal taxes regularly in respect of the above said house on 25.02.2003, 13.11.2007, 13.07.2009 and 02.08.2012. Having received entire documents, the 2nd respondent did not effect the mutation in favor of the petitioner. The petitioner came to know that one Mohd.Moizuddin's name was appeared in the Assessment Book, who has no right over the subject property and that his name has to be deleted from the records in accordance with law i.e., under Section 225 (a&b) of Municipal Corporation Act and also in view of G.O.Ms.No.1033 MA, dated 13.08.1965. Aggrieved by inaction of the respondents, the present writ petition is filed.
2. Heard Sri M.T.Ghori, learned counsel for the petitioner and Sri Pasham Krishna Reddy, learned Standing Counsel for the respondent Corporation.
3. Learned counsel for the petitioner states that the petitioner submitted an application dated 28.08.2012 before the 2nd respondent for mutating her name in the records. In spite of the same, no action is being taken by the respondents. Since it is stated that the application of the petitioner dated 28.08.2012 is pending with the 2nd respondent, it is for the 2nd respondent to consider the same in accordance with law.
In view of the same, there shall be a direction to the 2nd respondent to consider the representation of the petitioner dated 28.08.2012 and thereafter, take appropriate action, in accordance with law.
With the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand disposed of.
_________________________ A.RAJASHEKER REDDY, J 11.08.2015.
KVS HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No.32143 OF 2012
Date: 11-08-2015 KVS