APHC010592662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 1 (Special Original Jurisdiction) FRIDAY. THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31009 OF 2024 Between: M/s.T. B. R. Metals and Constructions, Regd.Firm No.167/2000, Regd. Office at D.No.23-156/1 A, Main Road, Patha Bobbili Village Bobbin, Vizianagaram District Rep By Managing Partner, Sri. Tumula Naga Surya Karthik, S/o T. Bhaskar Rao, aged 37 years, D.N0.23-156/1A, Main Road, Patha Bobbili Village, Bobbili, Vizianagaram District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by Principal Secretary, Municipal Administration Department, A.P. Secretariat, Amarvathi. 2. The District Collector, Vizianagaram, Andhra Pradesh 3. The Revenue Divisional Officer, Bobbili, Andhra Pradesh 4. The Bobbili Municipality, Bobbili, Vizianagaram Dist. Rep. by its Commissioner 5. The Trust Association of the Convention of the Baptist Churches of the Northern Circars, Reg. Society No. 12/1960, represented by its Attorney Sri Kasi Babu Rao, S/o Kasi Chandraiah, Aged 54 years, R/o D.No.24- 5-31, Nageswararao Street, PBD Compound, Ramaraopeta, Kakinada Urban, EG 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 may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the respondents 1 to 4 to forbear from enforcing the proceeding vide Rc No. 590/2024/C 1 dated 27.06.2024 of the second respondent and consequential endorsement vide ROC NO. 157/2024- A1 dated 04.11.2024 and Roc No.157/2024-A1 dated 29.01.2025 of the fourth respondent by holding them as illegal, arbitrary, violation of principles of natural justice and contrary to Andhra Pradesh Municipalities (Alteration of Ownership of Property in Assessment Book) Rules 1966 and consequently set aside the same by directing the fourth respondent to mutate the name of the petitioner in the municipal records in respect of the subject matter property. (Prayer is amended as per the Court’s order dt.09.05.2025 in lA No.2/2025 in Writ Petition and affidavit) lA NO: 1 OF 2024 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 grant interim suspension of the proceeding vide Rc No.590/2024/C1 dated 27.06.2024 of the second respondent pending disposal of the above writ petition and pass such lA NO: 2 OF 2024 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 grant interim suspension of the endorsement vide ROC No.157/2024-A1 dated 04.11.2024 of the fourth respondent pending disposal of the above writ petition . lA NO: 1 OF 2025 Between: The Commissioner, Bobbili Municipality, Bobbin, Vizianagaram Dist. ...PETITIONER/4*^ RESPONDENT AND 1. M/s.T. B. R. Metals and Constructions, Regd.Firm No.167/2000, Regd. Office at D.No.23-156/1A, Main Road, Patha Bobbin Village Bobbin, Vizianagaram District Rep By Managing Partner, Sri. Tumula Naga Surya Karthik, S/o T. Bhaskar Rao, aged 37 years, D.N0.23-156/1A , Main Road, Patha Bobbili Village, Bobbili, Vizianagaram District. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep by Principal Secretary, Municipal Administration Department, A.P. Secretariat, Amarvathi. 3. The District Collector, Vizianagaram, Andhra Pradesh 4. The Revenue Divisional Officer, Bobbili, Andhra Pradesh 5. The Trust Association of the Convention of the Baptist Churches of the Northern Circars, Reg. Society No. 12/1960, represented by its Attorney Sri Kasi Babu Rao, S/o Kasi Chandraiah, Aged 54 years, R/o D.No.24- 5-31, Nageswararao Street, PBD Compound, Ramaraopeta, Kakinada Urban, EG District. ...RESPONDENTS 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 vacate the interim order passed on 02.01.2025 and also dismiss the Writ Petition bearing W.P. No.31009 of 2024 with exemplary costs. lA NO: 3 OF 2025 Between: The District Collector, Vizianagaram, Andhra Pradesh ...PETITIONER/RESPONDENT AND 1. M/s.T. B. R. Metals and Constructions, Regd.Firm No.167/2000, Regd. Office at D.No.23-156/1 A, Main Road, Patha Bobbili Village Bobbin, Vizianagaram District Rep By Managing Partner, Sri. Tumula Naga Surya Karthik, S/o T. Bhaskar Rao, aged 37 years, D.N0.23-156/1A , Main Road, Patha Bobbili Village, Bobbili, Vizianagaram District. ...RESPONDENT/PETITIONER The State of Andhra Pradesh, Rep by Principal Secretary, Municipal Administration Department, A.P. Secretariat, Amarvathi. The Revenue Divisional Officer, Bobbili, Andhra Pradesh The Bobbili Municipality, Bobbili, Vizianagaram Dist. Rep. by its Commissioner The Trust Association of the Convention of the Baptist Churches of the Northern Circars, Reg. Society No. 12/1960, represented by its Attorney Sri Kasi Babu Rao, S/o Kasi Chandraiah, Aged 54 years, R/o D.No.24- 5-31, Nageswararao Street, PBD Compound, Ramaraopeta, Kakinada Urban, EG District. (R2 to R5 are not necessary parties in this Petition) 2. 3. 4. 5. ...RESPONDENTS/ RESPONDENTS 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 vacate the interim order dated 02.01.2025 passed in WP No. 31009 of 2024. Counsel for the Petitioner: SRI RAMESH KATIKINENI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: GP FOR REVENUE Counsel for the Respondent No.4: SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.5:— The Court made the following: ORDER APHC010592662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31009/2024 Between: T B R Metals And Constructions ...PETITIONER AND The State of A.P., and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.RAMESH KATIKINENI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3.GP MUNCIPALADMN AND URBAN DEVAP The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.31009 of 2024 ORDER: The present Writ Petition is filed seeking for a direction to forbear from enforcing the Proceedings vide Rc.No.590/2024/C1, dated 27.06.2024 issued by the Respondent No.2 and consequential Endorsement vide ROC.No.157/2024-A1, dated 04.11.2024 by the Respondent No.4, as illegal, arbitrary and contrary to the Andhra Pradesh Municipalities (Alteration of Ownership of Property in 1. Assessment Book) Rules, 1966. 2. The facts leading to filing of the present Writ Petition are as follows:- A school by name CBM Girls High School was established in an extent of Ac.1.20 cents in Sy.No.96 at Mallampet Village, Bobbili Mandal, which was owned and maintained by the Respondent No.5 in the year 1919. While so, as the school building was in dilapidated condition, the primary school was closed and the school strength also fell down due to the poor condition of the building. 3. At that stage, the Petitioner-firm came forward with the proposal that the Petitioner-firm owned an extent of Ac.3.29 cents 3 along with a building with built-up area of 20,000 sq. feet (three storied building) situated in Sy.No.11-2, Komatipalli, Bobbin, which is more suitable for running the school and offered to exchange the same with the vacant land in Sy.No.96 admeasuring 3845.70 sq. yards and a house bearing Door No.7-131 constructed in an extent of 6240 sq. feet. The proposal was accepted by the then governing body of the Respondent No.5 and the Attorney of the Trust executed the exchange deed on 05.12.2023 vide document bearing No.5672 of 2023. 4. Apart from the above exchange deed, an extent of 1558.90 Sq. Yards of land constructed with a built up area of 2100 Sq. Feet with same door number i.e. D.No.7-131 was sold to the Petitioner- firm for construction under the registered Sale Deed dated 06.12.2023 vide document bearing No.5671/2023. It is also stated that prior to the execution of the Sale Deed and Exchange Deed in favour of the Petitioner, the property was published in the Prohibited Properties List under Section 22-A of the Registration Act, 1908. On receiving the application from the Respondent No.5, the Revenue Divisional Officer, Vizianagaram had conducted an enquiry and passed orders vide D.Dis.No.3595/2022/E2, dated 09.05.2023 deleting the subject property from the Prohibited Properties List. 4 5. Pursuant to the registered documents in favour of the Petitioner-firm, an application was filed seeking to mutate the name of the Petitioner in the Municipal records, however, the same was returned with an endorsement vide R.O.C.No.167/2024-A1, dated 04.11.2024, wherein it was stated that the mutation is not being effected in view of the instructions of the District Collector, dated 27.06.2024, in respect of the property having Assessment No. 1090001786 until further orders. Hence, the present Writ Petition is filed. 6. Respondent No.4 filed Counter Affidavit stating that one K. Chandra Kumar, Secretary of the Convention of Baptist Churches of Northern Circars (for short “CBCNC”) had submitted a representation on 24.12.2024 stating that the governing body of CBCNC and the subject property was being maintained by the Respondent No.5 i.e. Sub-Board as per the Orders of the High Court of Madras vide O.P.No.15 of 1974, dated 25.04.1974. It was further stated that the Exchange Deed and Sale Deed in favour of the Petitioner-firm were executed pursuant to the invalid resolutions dated 01.09.2022. It is also stated that W.A.No.631 of 2021 is pending before this Court, wherein directions were given not to alienate the property of CBCNC and interim orders were passed by 5 this Court restraining the alienation. Since the tiWe documents in favour of the Petitioner-firm were executed in violation of the interim orders of this Court, the same cannot be processed as the property belongs to CBCNC, Kakinada. In the Counter Affidavit, a reference was made to the Municipalities (Alteration of Ownership of Property in Assessment Book) Rules, 1966 and further action in favour of the Petitioner would be processed on receiving final orders in W.A.No.631 of 2021. 7. A Counter Affidavit was also filed by the Respondent No.2 on similar lines and that the District Registrar, Vizianagaram has been requested to keep the registration of the subject land vide documents bearing Nos.5671/2023 and 5672 of 2023 in abeyance and stop further transactions until further orders to prevent the multiplication of litigation. 8. Heard M/s. Ramesh Katikineni, learned counsel for the Petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the Respondent No.2 and Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel appearing for the Respondent No.4-Corporation. 6 9. The only objection for consideration of mutation in the Counter Affidavit of the Respondent No.4 is the pendency of W.A.No.631 of 2021 and W.P.No.4080 of 2016 and batch for processing the application of the Petitioner-firm. Those cases arise out of functioning of the Executive Committee of CBCNC and the issue raised was regarding the role of the Registration of Societies under Section 9 of The Andhra Pradesh Societies Registration Act, 2001 (A.P.S. Registration Act, 2001). The Division Bench of this Court taking all the submissions made, disposed of the Writ Appeal along with W.P.No.4080 of 2016 with certain directions to the Registrar of Public Societies. 10. In view of the disposal of the Writ Petition, there is no hindrance to proceed with the construction of the application of the Petitioner-firm for mutation. As per the Andhra Pradesh Municipalities (Alteration of Ownership of Property in Assessment Book) Rules, 1966, the Commissioner of the Municipality is the only person authorized to effect changes. The claim of the Petitioner-firm for transfer comes under Rule 3 thereof as the transfer of title in favour of the Petitioner is claimed to be under a registered Sale Deed executed. 7 11. As regards the other objections with regard to the execution of Sale Deed in favour of the Petitioner-firm, this Court at this stage is not incitned to examine those aspects as this Court is relegating the aspect of mutation to the Respondent No.4 and these are the aspects, which the Respondent No.4 may have to consider after hearing the Petitioner and any interested person opposing the claim of Petitioner. 12. Therefore, in the light of the above, the Writ Petition is disposed of with the following directions:- (i) The Respondent No.4 shall consider the application of the Petitioner for mutation in the Municipal records; (ii) The Respondent No.4 shall provide opportunity of hearing to Petitioner and any interested person opposing the claim; (iii) The above exercise should be completed within a period of twelve (12) weeks from the date of receipt of the web copy of the order; (iv) No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M. SURYANADHA REDDY DEPUTY REGISTRAR J //TRUE COPY// SECTTtjN OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P. Secretariat, Amarvathi. 2. The District Collector, Vizianagaram, Andhra Pradesh 3. The Revenue Divisional Officer, Bobbili, Andhra Pradesh 4. The Commissioner, Bobbili Municipality, Bobbin, Vizianagaram Dist. 5. One CC to Sri Ramesh Katikineni, Advocate [OPUC] 6. One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalities [OPUC] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CC’s to GP for Revenue, High Court of Andhra Pradesh[OPUC] 9. Three CD Copies. ssb ssb HIGH COURT DATED:09/05/2025 ORDER WP No.31009 of 2024 O I 0 t juL m .09/. DISPOSING OF THE W.P. WITHOUT COSTS