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2025 DAILYLAW 37563 (AP)

PERAM RADHIKA KIRAN v. THE STATE OF ANDHRA PRADESH

WP/38656/2022 · 2025-07-07

Nyapathy Vijay

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

%''V APHC010648592022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 38656 OF 2022 Between: Peram Radhika Kiran, w/o. Peram Venkata Ramana, age 46 years residing at Flat No. 101, Door No.20-7-27/101, Vasavi Sri Towers D.B.R. Hospital Road, Maruti Nagar, Korlagunta, Tirupati District, Andhra Pradesh - 517 501 Chittoor ...Petitioner AND 1. The State of Andhra Pradesh, Represented by Principal Secretary, Municipal Administration and Urban Development Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tirupati Municipal Corporation, Represented by its Commissioner, Having office at Tilak Road, Tirupati - 517 501 3. The Deputy Commissioner, Tirupati Municipal Corporation having office at Tilak Road, Tirupati - 517 501 4. N Kalpana, W/o.Srinivasulu, aged about 43 years. Residing at Door No.33-4-76/1, VSN Convention Hall, Near RDM Gate, Nagari Road, Puttur-517 587 ...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 r" pleased to issue an order or direction, in the nature of writ of Mandamus, declaring the proposal of the respondent nos.2 and 3 to mutate the name of the respondent no.4 in municipal records pertaining to vacant land bearing plot no.7, 7th Block, Tirupati Municipal Corporation area ward No.20, Maruthi Nagar, Korlagunta, Tirupati (property tax assessment no. 1012074208), during the pendency of O.S.No.40/2022 on the file of the IV Additional District Judge, Tirupati as being illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent not to carry out changes in municipal records pertaining to vacant land bearing plot no.7, 7th Block, Tirupati Municipal Corporation ward No.20, Maruthi Nagar, Korlagunta, Tirupati (property tax assessment 1012074208), during the pendency of O.S.No.40/2022 on the file of the IV Additional District Judge, Tirupati. lA NO: 1 OF 2022 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 maintain status quo in respect of municipal records pertaining to vacant land bearing plot no.7, 7th Block, Tirupati Municipal Corporation area ward No.20, Maruthi Nagar, Korlagunta, Tirupati (property tax assessment no. 1012074208) pending disposal of the above writ petition. lA NO: 1 OF 2023 N Kalpana, W/o.Srinivasulu, aged about 43 years. Residing at Door No.33-4-76/1, Puttur-517 587 area no. VSN Convention Hall, Near RDM Gate, Nagari Road, ...Petitioner/4*^ respondent in WP AND 1. Peram Radhika Kiran, w/o. Peram Venkata Ramana residing at Flat No. 101, Door No.20-7-27/101, Vasavi Sri Towers, age 46 years D.B.R. Hospital Road, Maruti Nagar, Korlagunta, Tirupati, District, Andhra Pradesh - 517 501 Chittoor ...Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Represented by Principal Secretary, Municipal Administration and Urban Development A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Tirupati Municipal Corporation, Represented by its Commissioner, Having office at Tilak Road, Tirupati - 517 501 4. The Deputy Commissioner, Tirupati Municipal Corporation having office at Tilak Road, Tirupati - 517 501 Department ...Respondents/Respondents 1 to 3 In WP 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 orders dated 29.11.2022 in I.A.No.1 of 2022 in WP.no.38656 of 2022 on the file of this Hon'ble court. Counsel for the Petitioner: SRI MEKA RAHUL CHOWDARY Counsel for the Respondent No. 1: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondent Nos. 2 and 3: SRI P VENGAL REDDY SC FOR MUNICIPALITIES Counsel for the Respondent No. 4: SRI SURYA TEJA ANUMOLU The Court made the following order: %% APHC010648592022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I [3460] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 38656/2022 Between; 1.PERAM RADHIKA KIRAN, W/0. PERAM VENKATA RAMANA, AGE 46 YEARS, RESIDING AT FLAT NO.101, DOOR NO.20-7-27/101, VASAVI SRI TOWERS, D.B.R. HOSPITAL ROAD, MARUTI NAGAR, KORLAGUNTA, TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH-517 501 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE TIRUPATI MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, HAVING OFFICE AT TILAK ROAD, TIRUPATI - 517 501 3.THE DEPUTY COMMISSIONER, TIRUPATI MUNICIPAL CORPORATION HAVING OFFICE AT TILAK ROAD, TIRUPATI - 517 501 4.N KAIPANA, W/O.SRINIVASULU, AGED ABOUT 43 YEARS, RESIDING AT DOOR NO.33-4-76/1, VSN CONVENTION HALL, NEAR RDM GATE, NAGARI ROAD, PUTTUR - 517 587 ...RESPONDENT(S): 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 topleased to issue an order or direction, in the nature of writ of Mandamus, declaring the proposal of the respondent nos.2 and 3 to mutate 2 he name of the respondent no.4 in municipal records pertaining to vacant Municipal Corporation area ward Koriagunta, Tirupati (property tax assessment no. 1012074208), during the pendency of O.S.No.40/2022 on the file of the IV Additional District Judge, Tirupati as being illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent not to carry out changes in municipal records pertaining to vacant land bearing plot no.7, 7th Block, Tirupati Municipal Corporation area ward No.20, Maruthi Nagar Korlagunta, Tirupati (property tax assessment no. 1012074208) during the pendency of O.S.No.40/2022 on the file of the IV Additional District Judge Tirupati and to pass ^ lA NO: 1 OF 2022 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 pleased to direct the respondent nos.2 and 3 to maintain status quo in respect of municipal records pertaining to vacant land bearing plot no.7, 7th Block Tirupati Municipal Corporation area ward No.20, Maruthi Nagar, Korlagunta’ Tirupati (property tax assessment no. 1012074208) pending disposal of the above writ petition and to pass lA NO: 1 OF 2023 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 pleased to vacate the interim orders dated 29.11.2022 in I A No 1 of 2022 in WP.no.38656 of 2022 on the file of this Hon'ble court and to Counsel for the Petitioner: pass 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S): 1.GP FOR MUNCIPALADMN URBAN DEV 2.KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION NELLORE) 3.SURYATEJAANUMOLU The Court made the following: 3 A HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.38656 of 2022 ORDER: The present writ petition is filed questioning the proposal of the respondent Nos.2 and 3 to mutate the name of the respondent No.4 in municipal records pertaining to vacant land bearing plot no.7, Block, Tirupati Municipal Corporation area ward No.20, Maruthi Nagar, Korlagunta Tirupati bearing property tax assessment No.1012074208, during the pendency of O.S.No.40 of 2022 on the file of the IV Additional District Judge Tirupati, as illegal and arbitrary. Learned counsel for the petitioner submits that the petitioner 2. herein filed O.S.No.40 of 2022, questioning the sale deed executed in favour of the unofficial respondent No.4 at the instance of the general power of attorney of the petitioner. He further submits that though the suit is pending before the learned trial Court, the respondent authorities are proposing to mutate the name of unofficial respondent No.4 in the municipal records and hence, the present writ petition is filed. 3. Today, learned counsel for the petitioner filed a memo vide U.S.R.No.68315 of 2025, dated 02.12.2022, enclosing the endorsement issued by the respondent No.3-Deputy Commissioner, Tirupati Municipal Corporation vide Roc.No.4036/22022/A6, wherein it is stated that till the suit is 4 ♦s decided, the respondent authorities would not make any mutations in the municipal records relating to the scheduled property. 4. In that view, no further orders are required to be passed in the present writ petition. The Writ Petition is accordingly closed. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand closed. 5. SD/- n NAGAMMA ASraiSTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. Meka Rahul Chowdary Advocate [OPUC] 2. One CC to Sri. P Vengal Reddy SC for Municipalities [OPUC] 3. One CjC4o,Sri.GuryaTejaAnumolu Advocate [OPUC] 4. Two CCs to GP for Municipal admin Urban Dev, High Court of Andhra Pradesh [OUT] 5. Three CD Copies gsc X - It HIGH COURT DATED:08/07/2025 ORDER WP NO. 38656 OF 2022 CLOSING THE WP WITHOUT COSTS