APHC010237792023 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. KURAPATI SIVAKOTESWARA RAO, S/O LATE VENKATESWARULU, AGED 78 YEARS, RESIDENT OF DOOR NO.8 VILLAGE, VATTICHERUKURI MANDAL, GUNTUR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH 2. THE STATE OF AP, REP' BY ITS PRINCIPAL SECRETARY, REGISTRATION AND STAMPS DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI 3. THE DISTRICT PANCHAYAT OFFICER, , GUNTUR DISTRICT. 4. THE EXTENSION OFFICER, PANCHAYAT RAJ AND RURAL DEPARTMENT, GUNTUR DISTRICT. 5. THE PANCHAYAT SECRETARY, MUTLURU GRAM PANCHAYAT 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12641/2023 KURAPATI SIVAKOTESWARA RAO, S/O LATE VENKATESWARULU, AGED 78 YEARS, RESIDENT OF DOOR NO.8-24, MUTLURU VILLAGE, VATTICHERUKURI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH THE STATE OF AP, REP' BY ITS PRINCIPAL SECRETARY, REGISTRATION AND STAMPS DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI THE DISTRICT PANCHAYAT OFFICER, , GUNTUR DISTRICT. THE EXTENSION OFFICER, PANCHAYAT RAJ AND RURAL DEPARTMENT, GUNTUR DISTRICT. THE PANCHAYAT SECRETARY, MUTLURU GRAM PANCHAYAT RC,J W.P.No.12641 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KURAPATI SIVAKOTESWARA RAO, S/O LATE VENKATESWARULU, 24, MUTLURU VILLAGE, VATTICHERUKURI MANDAL, GUNTUR DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE STATE OF AP, REP' BY ITS PRINCIPAL SECRETARY, REGISTRATION AND STAMPS DEPARTMENT, A.P SECRETARIAT, THE DISTRICT PANCHAYAT OFFICER, , GUNTUR DISTRICT. THE EXTENSION OFFICER, PANCHAYAT RAJ AND RURAL THE PANCHAYAT SECRETARY, MUTLURU GRAM PANCHAYAT RC,J W.P.No.12641 of 2023 2 AND VILLAGE, VATTICHERUKURI MANDAL, GUNTUR DISTRICT. 6. JOINT SUB REGISTRAR, CHEBROLU, GUNTUR DISTRICT. 7. KURAPATI SRINIVASA RAO, S/O K. SIVAKOTESWARA RAO, AGED 46 YEARS, RESIDENT OF D.NO.9-11-15, KAKUMANUVARI VEEDHI, KOTHAPETA, GUNTUR DISTRICT. 8. KHAMMAMPATI UMARANI, W/O K. SRINIVASA RAO, AGED 47 YEARS, RESIDENT OF D.NO.9-11-15, KAKUMANUVARI VEEDHI, KOTHAPETA, GUNTUR DISTRICT ...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 to pleased to issue a writ, order or direction more particularly one in the nature of the writ of MANDAMUS declaring the action of the Respondents 3 to 5 herein unilaterally deleting the name of the petitioner in the House Tax Assessment Register in relation to his residential property bearing Door No.13-2, admeasuring 314.6 square yards situated in Mutluri Gram Panchayat, Vatticherukuri Mandal, Guntur District bearing assessment number 1209 and mutating it in the name of the 7th respondent with a different assessment number 1524 and subsequent action of the 6th respondent in registering the Settlement Deed dated 14.03.2023 executed by the 7th Respondent in favour of the 8th Respondent vide Document No. 1007/2023 in respect of the petitioner's property without conducting any enquiry as illegal, arbitrary, without jurisdiction, contrary to principles of natural justice, the provisions of Andhra Pradesh Panchayat Raj Act, 1994 and Rules made thereunder, the Registration Act, 1908 and AP Registration rules besides violative of the fundamental rights of the Petitioner guaranteed under Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents 3 to 5 to restore the name of the petitioner in the house tax assessment register for the subject property and declare the Document No. 1007/2023 dated 14.03.2023 executed by the 7th respondent in favour of the 8th respondent as null and void and pass RC,J W.P.No.12641 of 2023 3 IA 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 direct the respondents 3 to 5 to restore the name of the petitioner in the house tax assessment register for the residential property bearing Door No.13-2, admeasuring 314.6 square yards situated in Mutluri Gram Panchayat, Vatticherukuri Mandal, Guntur District and pass IA NO: 2 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 direct the 6th respondent not to entertain any registrations for residential property bearing Door No.13-2, admeasuring 314.6 square yards situated in Mutluri Gram Panchayat, Vatticherukuri Mandal, Guntur District pursuant to the Settlement Deed bearing document no. 1007/2023 dated 14.03.2023 and pass IA 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 pleased to grant leave to the Petitioner/ respondent No.5 to file the counter affidavit and pass IA NO: 2 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 pleased to recall the NBW issued by this Hon’ble court dated 20.02.2025 in W.P.No. 12641 of 2023 against this Petitioner/ Respondent No. 5 and pass. Counsel for the Petitioner: 1. S.V.S.S.SIVA RAM Counsel for the Respondent(S): RC,J W.P.No.12641 of 2023 4 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. VENKATESHWARLU YARRAM REDDY 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. GP FOR REGISTRATION AND STAMPS (AP) 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: RC,J W.P.No.12641 of 2023 5 ORDER The grievance of the petitioner is that respondent nos. 3 to 5 have unilaterally deleted the name of the petitioner from the House Tax Assessment Register in relation to his residential property bearing Door No.13-2, assessment No.1209 admeasuring 314.6 Sq.yards situated in Mutluru Gram Panchayat, Vatticherukuru Mandal, Guntur District and mutated it in the name of respondent no.7 with assessment No.1524 and further the respondent no.6 registered settlement deed dated 14.03.2023 executed by respondent no.7 in favour of respondent no.8 vide document No.1007/2023, without conducting any enquiry and without jurisdiction. 2. Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioner, Sri M.Sudheer, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Sri S.V.S.S.Siva Ram, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that the petitioner is the absolute owner of the subject house property, which was fallen to his share in the partition among his brothers and that till the year 2015-16 the house tax demand notice was being raised in the name of the petitioner and accordingly he was paying the house tax, however, without issuing any notice RC,J W.P.No.12641 of 2023 6 and without following the procedure contemplated under law, the authorities started raising demand in the name of unofficial respondent no.7, who is son of petitioner, without there being any conveyance deed conferring rights over the property. He would further contend that in fact the respondent no.7 filed a suit vide O.S.No.1149 of 2023 on the file of the learned Principal Civil Judge (Junior Division) Guntur for partition and the said suit is pending adjudication and unless the said suit is decreed and house property was allotted to unofficial respondent, he cannot get any right over the subject property. He would further contend that the authorities, without any conveyance deed conferring title over the subject property and without issuing any notice to the petitioner, who is the absolute owner of the property and without his consent, cannot incorporate the name of respondent no.7 in panchayat records. Thus, the action of the respondent authorities in substituting the name of respondent no.7 with that of the petitioner is not only against the procedure contemplated under law but violative of principles of natural justice. He would further contend that though respondent no.7 has no right in the property, the respondent no.6 registered the settlement deed executed by respondent no.7 in favour of respondent no.8 against the provisions of the Registration Act and RC,J W.P.No.12641 of 2023 7 hence the said settlement deed has to be set aside. Accordingly, prayed to allow the writ petition. 4. Sri M.Sudheer, learned Standing Counsel, on counter, would contend that no doubt the petitioner own house and the panchayat has collected house tax from him upto the financial year 2015-16 and as per the directions of the Government, PRIS Survey was conducted to facilitate the digitalization of property records in Gram Panchayat during the year 2016-17 and during that survey the Panchayat authorities enrolled the property in the name of respondent no.7 and ever since Gram panchayat has been issuing demand notices in the name of respondent no.7 for which the petitioner did not raise any objection up to the year 2023. He would further contend that the petitioner had never approached the Gram Panchayat with any representation till he filed grievance petition for restoration of his name on 9.12.2024. He would further contend that there was a civil dispute covered by O.S.No.1149 of 2023 between the petitioner and his family members and the same is pending adjudication and if any restoration takes place the same would be hit by doctrine of Sub Judice and further action will be taken as per orders passed in the said civil suit. Accordingly, prayed to dismiss the writ petition. RC,J W.P.No.12641 of 2023 8 4. The counter affidavit filed by respondent nos. 7 and 8 states that it is the petitioner that had instructed the panchayat officials to enter the name of respondent no.7 in panchayat records and hence he cannot question the same, hence the writ petition is meritless and the same deserves dismissal. Accordingly, prayed to dismiss the writ petition. 5. Perused the material available on record and considered the submissions made by learned counsel for the parties. 6. The Panchayat officials are admitting that name of the petitioner was there in the House Tax Assessment Register upto the financial year 2015-16 and till then the house tax demand notices were being issued in his name. As per the counter affidavit filed by the Panchayat, during PRIS Survey conducted in the year 2016-17, the name of respondent no.7 was entered in the panchayat records in place of the petitioner. The counter nowhere states that any notice was issued to the petitioner before effecting changes in the register. The contention of respondent nos. 7 and 8 that name of respondent no.7 was entered in the records at the instance of the petitioner, is with no proof. Neither the panchayat nor respondent nos. 7 and 8 filed any consent letter of the petitioner. RC,J W.P.No.12641 of 2023 9 7. Further, the report submitted by the District Panchayat Officer, Guntur shows that the then panchayat secretary changed the name of the petitioner with that of respondent no.7 in the year 2017-18 and the said panchayat secretary retired from service on superannuation. Thus, the report also did not state that any notice was issued to the petitioner before incorporating the name of respondent no.7 by deleting the name of the petitioner. 8. The contents of the writ affidavit and counter affidavits and so also the submissions made by learned counsel for the parties further make it clear that respondent no.7 filed a suit for partition vide O.S.No.1149 of 2023 on the file of the learned Principal Civil Judge (Junior Division) Guntur for partition and the same is pending adjudication and thus the respondent no.7 cannot claim any exclusive rights over the property. 9. Further, Rule-9 of G.O.Ms.No.30, Panchayat Raj and Rural Development (Pts.III) Department and Relief, 20-01-1995 mandates issuance of a notice before amending the names in the house tax assessment register. 10. Since the name of the petitioner was deleted and the same is substituted with respondent no.7 without any notice and without following the RC,J W.P.No.12641 of 2023 10 procedure contemplated under law, such incorporation is unsustainable and the authorities shall restore the name of the petitioner. 11. Regarding the relief of declaration of the settlement deed executed by respondent no.7 in favour of respondent no.8 is concerned, the petitioner is at liberty to get his grievance redressed by approaching competent civil Court or by filing appropriate petition in the suit filed by respondent no.7. 12. In view of the above, the writ petition is disposed of, directing the authorities concerned to restore the name of petitioner in house tax assessment register and other panchayat records. In case, the authorities want to change the name, they have to follow the procedure contemplated under law. The petitioner is at liberty to get grievance redressed regarding the settlement deed executed by respondent no.7 in favour of respondent no.8 by approaching competent civil Court. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI DATED 17th day of December, 2025. RR