APHC010211832025 IN THE HIGH COURT OF ANDHRA PRADEShf^, AT AMARAVATI (Special Original Jurisdiction) -o ■p 'IK > 0'& 0t A THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11424 OF 2025 Between: Bitni Sarvar Khan, S/o. Bitni Rahamathullah Khan, aged about 58 years, R/o. D. No. 8/1185, Behind Almaspet Masjid, Kadapa City and District ...Petitioner AND The State of Andhra Pradesh, rep by it's Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati. The Kadapa Municipal Corporation, Represented by its Commissioner, Kadapa City, Y.S.R. Kadapa District. The Commissioner, Kadapa Municipal Corporation, Kadapa City, Y.S.R. Kadapa District 1. 2. 3. ...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 issue an order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent Nos. 2 and 3 in assessing the vacant site of the Petitioner admeasuring 66 X 22 Feet in Sy. No. 31/B of Kadapa Town which was shown as ABEF in the Decree in O.S. No. 71/1996 on the file of the Learned Senior Civil Judge's Court, Cuddapah, to municipal property tax as illegal, arbitrary and violative of Civil rights of the Petitioner, and consequently to direct the respondent Nos. 2 and 3 to assess the said property of the Petitioner to property tax 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 Respondent Nos.2 and 3 to assess the vacant site of the Petitioner admeasuring 66 X 22 Feet situated in Sy. No. 31/B of Kadapa Town, which was shown as ABEF in the Decree in O.S. No. 71/1996 on the file of the Learned Senior Civil Judge's Court, Cuddapah, to Municipal Property Tax pending disposal of the above writ petition. Counsel for the Petitioner: KALEEMULLA S Counsel for the Respondent No. 1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 and 3: SRI A S C BOSE SC FOR MUNCIPALITIES The Court made the following order: APHC010211832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3460] THURSDAY,THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11424/2025 Between: ...PETITIONER Bitni Sarvar Khan AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KALEEMULLAS Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: % 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11424/2025 ORDER: The present Writ Petition is filed questioning the inaction of the Respondent Nos.2 and 3 in not assessing the property of the Petitioner admeasuring 66 X 22 feet in Sy.No.31/B of Kadapa Town, which was shown as ‘ABEF’ in the Decree in O.S.No.71 of 1996 on the file of Senior Civil Judge, Cuddapah, as illegal and arbitrary. 2. The Petitioner claims that the property in question is covered under Door No.7/9, 7/12, 7/13 and 7/16A6 and vacant site situated in Sy.No.31/B of Kadapa Town, which was owned from the time of their ancestors. After the death of the father of the Petitioner, the Petitioner and his brothers succeeded to the property. While so, a suit in O.S.No.71 of 1996 was filed by the Petitioner and another against MadarasatuI Haram, the Muslim Educational and Welfare Society, Kadapa, questioning the illegal transfer of the property on 03.05.1994 and consequently declaring the right and title of the Petitioner over the said vacant site. The said suit ended in compromise on 14.03.2001 and the property shown as was 'mp- 3 ‘ABEF’ in the vacant site has been given to the Petitioner while ‘CDEF was taken by the Defendant i.e., MadarasatuI Haram. 3. Learned counsel for the Petitioner submits that though the Petitioner has submitted a representation dated 21.01.2025 to assess the vacant land shown as ‘ABEF’ in O.S.No.71 of 1996, the same was not being considered. Hence, the present Writ Petition. 4. Learned Standing Counsel for the Respondent Corporation would submit that no supporting documents were produced by the Petitioner to consider his case for assessment. It is further stated that if the Petitioner submits title documents to the property, the case of the Petitioner for assessment of the vacant site would be considered by the Respondent Authorities. 5. Considering the submissions made by the both the counsel, this Court is of the opinion that the present Writ Petition can be disposed of with the following directions: i) The Petitioner shall produce the Certified copy of the Decree and Judgment dated 14.03.2001 in O.S.No.71/1996 on the file of Senior Civil 4 Judge, Cuddapah and other title documents to establish his title over the schedule property within a period of four weeks from today; and ii) On receipt of the same, the Respondent Authorities shall consider the same and pass appropriate orders thereon as expeditiously as possible. 6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. SOI- N NAGAMWIA s assistant registrar //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. The Commissioner, Kadapa Municipal Corporation, Kadapa City, Y.S.R. Kadapa District. The Commissioner, , Kadapa Municipal Corporation, Kadapa City, Y.S.R. Kadapa District One CC to Sri. Kaleemulla S Advocate [OPUC] One CC to Sri ASC Bose SC for Muncipal Corporation [OPUC] Two CCs to GP for Municpal Admin and Urban Development, High court of Andhra Pradesh [OUT] Three CD Copies GSC 1. 2. 3. 4. 5. 6. 7. HIGH COURT DATED:19/06/2025 ORDER WP 11424/2025 of AND/yA> r 0 3 JUL 2025 Co Sectloa/W DISPOSING THE WP WITHOUT COSTS