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2025 DAILYLAW 30287 (AP)

VALLAM PADMAJA v. THE STATE OF ANDHRA PRADESH

WP/22709/2025 · 2025-09-01

Harinath N

body2025

Judgment text

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APHC010435572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22709 OF 2025 Between: Vallam Padmaja, W/o. Late Sri Vallam Bhujanga Rao, Aged 42 Years, R/o. D. No. 17/412-1, Tipparaju Street, Nellore Town, SPSR Nellore District, Andhra Pradesh. ...Petitioner AND The State Of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Nellore Municipal Corporation, Rep. by its Municipal Commissioner, Nellore, SPSR Nellore District, Andhra Pradesh. Smt Vallam Sumathi Bhai, W/o. Vallam Nagendra Rao known to the petitioner, R/o. D.No.2-182/2, Bangaru Road, Nellore SPSR Nellore District. 1. 2. Aged Not 3. Vallam Nagendra Rao, S/o. Late V. Bhujanga Rao, Aged Not known to Nellore, SPSR 4. R/o. D.No.2-182/2, Bangaru Road, the petitioner, Nellore District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court rhay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to aggrieved by the action of the respondent No.2 in not seeking to cancel the considering the representation dated 24.05.203 % municipal tax assessment No. 1031115195 granted in favour of respondents 3 and 4 admeasuring 2 ankanams and 56 sq. feet as arbitrary, illegal and consequently direct the respondent No.2 to take action on the representation dated 24.05.2023 for cancelling the municipal tax assessment No. 1031115195 granted in favour of respondent Nos.3 and 4 to an extent of admeasuring 2 ankanams and 56 sq. feet as arbitrary and illegal and pas.s 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 No.2 to take action on the representation dated 24.05.2023 for cancelling the municipal tax assessment No. 1031115195 granted in favour of respondent Nos.3 & 4 to an extent of admeasuring 2 ankanams and 56 sq. feet as arbitrary and illegal, pending disposal of the writ petition. Counsel for the Petitioner: SRI DWARAMPUDI SAVITHRI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE Counsel for the Respondents No.3 & 4: None appeared The Court made the following Order: -1- W.P. No.22709 of 2025 Date of order; 02.09.2025 APHC010435572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22709/2025 Between: ...PETITIONER Vallam Padmaja AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.DWARAMPUDI SAVITHRI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: -2- W.P. No.22709 of 2025 Date of order; 02.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N r WRIT PETITION No.22709 OF 2025 ORDER: 1. The petitioner is aggrieved by the inaction of the 2""^ respondent in cancelling the municipal tax assessment No. 1031115195 granted in favour of respondents 3 and 4 in respect of land admeasuring two ankanams and 56 square feet. 2. It is submitted that the petitioner acquired the said property under a registered settlement deed, dated 28.03.2013, executed by her husband in her favour. The husband of the petitioner subsequently , passed away. Thereafter respondents 3 and 4 approached the 2 respondent and without issuing any notice to the petitioner or informing secured municipal tax assessment in their favour. In this regard, the petitioner submitted a representation dated 24.05.2023. It is further submitted that though the petitioner produced all the relevant documents, the 2"^^ respondent has not acted upon her representation. 3. The learned standing counsel appearing for the 2""^ respondent submits that there is a family dispute between the petitioner and the unofficial nd her. respondents. It is further submitted that a complaint was lodged by the fabricated sale deed bearing No. 2363/2016. petitioner in reference to a However, it is also stated that, subject to the petitioner submitting a representation along with all relevant title documents relating to fresh -3- W.P. No.22709 of 2025 Date of order: 02.09.2025 the property, the 2"^^ respondent would pass appropriate orders after duly informing all concerned parties, including respondents 3 and 4. 4. Recording the above submissions, the writ petition is disposed of with a direction that the 2^^^ respondent shall consider the fresh representation submitted by the petitioner and pass necessary orders after duly informing all the concerned parties, including respondents 3 and 4. At any rate, the said exercise shall complete within a period of eight (08) weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. 5. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// OFFICER To, Municipal Administration and Urban Secretariat Buildings, Velagapudi, 1. The Principal Secretary, Development Department, Amaravati, Guntur District. Nellore Municipal Corporation, Rep. by its Municipal SPSR Nellore District, Andhra Pradesh. 2. The Commissioner, Nellore 3. OneCCto 4. Two CCS to GP for Andhra Pradesh [OUT] 5. Two CD Copies Sri Dwarampudi Savithri, Advocate [OPUC] MUNCIPAL ADMN. URBAN DEV, High Court of vna HIGH COURT DATED:02/09/2025 ORDER WP NO. 22709 OF 2025 OP w 16 SEP 2025 JC m P5 ^ . Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS