APHC010143482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE i! 4 PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21089 OF 2025 Between: Bathina Lakshmi, W/o. Bathina Hari Krishnalanka, Vijayawada (U), Krishna District. Door No.41-26-20, Rajaka Street ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of Municipal Administration, Andhra Pradesh. Near DGP Office, Vadeswaram, Mangalagiri, Guntur District Andhra Pradesh. 3. The Vijayawada Municipal Corporation, Vijayawada, Krishna District rep.., by its Commissioner. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to a) Issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to accept the application and mutate the name of the petitioner in the property assessment number-1073117659 record in the office of the respondents No.3 with setting aside the 117811/2024 dated 11/11/2024. endorsement letters RC.AII- #-> EN/1073413487. EN/1073413431 issued by the respondent No.3 as arbitrary, irrational, illegal, unfair and not only violative of the justice, the constitutional ^0visions enshrined under Articles 14, Article 300A of Col, 1949 but also provisions of the HSA, 1956 and the ISA, 1925 lA NO: 1 OF 2025 under Section 151 CPC praying that in the circumstances stated support of the writ petition, the High Court may be Petition in the affidavit filed in pleased to condone the delay 139 days in filing the returhed writ petition 21-03- 2025 due to the health bundle before this court on or after paper reasons advocate/counsel of the petitioner. in attending to the duties of the which caused inconvenience^ Counsel for the Petitioner: SRI BADDIGAM V GOPALREDDY Counsel for the Respondent Nos.1 & 2 ; GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT counsel for the Respondent No.3 : The Court made the following order; i APHC010143482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21089/2025 Between: 1.BATHINA LAKSHMI, W/0 BATHINA HARI, DOOR N0.41-26-20, RAJAKA STREET, KRISHNALANKA, VIJAYAWADA (U), KRISHNA DISTRICT ...PETITIONER AND PRINCIPAL SECRETARY, URBAN DEVELOPMENT BUILDING,VELAGAPUDI, 1.THE STATE OF AP, REP. BY ITS MUNICIPAL ADMINISTRATION AND DEPARTMENT, AMARAVATHI,GUNTUR DISTRICT. SECRETARIAT 2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ANDHRA RADESH. NEAR DGP DISTRICT ADMINISTRATION OFFICE,VADESWARAM,MANGALAGIRI,GUNTUR ANDHRA PRADESH. CORPORATION, MUNICIPAL 3. THE VIJAYAWADA,KRISHNA DISTRICT REP.., BY ITS COMMISSIONER. VIJAYAWADA ...RESPONDENT(S): Counsel for the Petitioner: 1.BADDIGAM V GOPALREDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP f The Court made the following; » THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21089 of 2025 ORDER: Petitioner is aggrieved by the inaction on part of the respondents in 1. mutating the name of the petitioner in the municipal records. It is submitted that the petitioner had inherited the house bearing Door Krishnalanka, Vijayawada by virtue of a 2. No.41-26-20, Rajaka Street, registered sale deed dated 22.10.2020. The testator of the will passed away on 04.03.2024. After his demise, the petitioner submitted relevant documents including the copy of the registered will and sought for mutation of petitioner’s name. Respondent No.3 vide proceedings dated 11.11.2024 sought for no objection certificate from the family members for effecting the mutation. Learned counsel for petitioner submits that the wife and children of the testator of the will had abandoned him six years prior to the date of execution of the will and the same is also mentioned in the recitals of the will. The petitioner was looking after the testator of the will during his lifetime. It is also submitted that the whereabouts of the wife and children of the testator of the will are not known and that it is difficult to secure their no objection certificate. It is also submitted that as on date, the will is unchallenged by anyone. Heard learned counsel for petitioner and learned Standing Counsel for 3. 4. 5. respondent No.3. Considering the above submissions, respondent No.3 is directed to duly consider the representation afresh and also take into account the averments 6. of the will which would go to show that the wife and children of the testator of the will had abandoned him and the petitioner was taking care of his well being during his lifetime. It is also pertinent to take into consideration that the will is not under challenge in any court of law as on date. 7. In view of the above, the name of the petitioner can be considered for mutation if the application submitted by the petitioner is otherwise in order. 8. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFjfeHR To, 1. The Principal Secretary, Municipal Administration Development Department, State of Andhra Building, Velagapudi, Amaravathi, Guntur District. 2, The Commissioner and Director of Municipal Administration, Andhra Pradesh. Near DGP Office, Vadeswaram, Mangalagiri, Guntur District Andhra Pradesh. 3. The Commissioner, Vijayawada Municipal Corporation, Krishna District. 4. One CC to Sri Baddigam V Gopalreddy, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn and Urban Development, High Court of A.P. [OUT] 6. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 7. Two CD Copies and Urban Pradesh, Secretariat Vijayawada, Cnr HIGH COURT DATED:11/08/2025 ORDER WP NO. 21089 OF 2025 ANDH^ g 2 8 SEP 2025 g ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS