APHC010614532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31843/2025 Between: 1. M.N.M ABDUL MALIK, , S/O. MOMIN SHARFUDDIN, AGED ABOUT 28 YEARS, OCC- BUSINESS, R/O. D.NO. 17-101/5/3/9, MOMIN NAGAR, ATMAKUR, NANDYAL DISTRICT, A.P. - 518422 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPALITY URBAN DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELGAPUDI, AMARAVATHI, GUNTUR, A.P. 2. THE ATMAKUR MUNICIPALITY, REP BY ITS MUNICIPAL COMMISSONER, ATMAKUR, NANDYAL DISTRICT, A.P. 3. THE REVENUE OFFICER, ATMAKUR MUNICIPALITY, ATMAKUR, NANDYAL DISTRICT, A.P. 4. THE REVENUE INSPECTOR, ATMAKUR MUNICIPALITY, ATMAKUR, NANDYAL DISTRICT, A.P. 5. THE ADMINISTRATIVE SECRETARY, ATMAKUR MUNICIPALITY, ATMAKUR, NANDYAL DISTRICT, A.P. ...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 a Writ, order or direction more particularly one in 2 HN,J W.P.No.31843 of 2025 the nature of Writ of Mandamus, declaring the action of the Respondent No.2 in passing Endorsement dated 01.09.2025 and rejectingthe application to mutate the name of the Petitioner in in the municipal records vide Municipality Tax Assessment No. 1160001229for the property having D.No. 1-85 (present number 1-87), K.G. Road, Atmakur, Nandyal Districtpart land in Sy. No. 476/1 in K.G. Road, Atmakur, NandyalDistrict without appreciating the real facts and application of mind as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14 and 300-A of the Constitution of India and set-aside the same and consequently direct the 2nd Respondent to mutate the name of the Petitioner in the Municipality tax assessment bearing No. 1160001229 for the property having D.No. 1-85 (present number 1-87), K.G. Road, Atmakur, Nandyal District and part land in Sy. No. 476/1 in K.G. Road, Atmakur, Nandyal District 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 direct the 2nd Respondent to mutate my namein the Municipality tax assessment bearing No. 1160001229 for the property having D.No. 1-85 (present number 1-87), K.G. Road, Atmakur, Nandyal District and part land in Sy. No. 476/1 in K.G. Road, Atmakur, Nandyal District by suspending the Endorsement dated 01.09.2025 passed by the 2nd Respondent and pass Counsel for the Petitioner: 1. BHUVANAGIRI SUBRAMANYA KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN,J W.P.No.31843 of 2025 The Court made the following Order: This present writ petition is filed aggrieved by the action of the 2nd respondent in passing endorsement dated 01.09.2025 and rejecting the application to mutate the name of the petitioner in the municipal records vide Municipality Tax Assessment No.1160001229 for the property having D.No.1- 85 (present number 1-87), K.G. Road, Atmakur, Nandyal District part land in Sy.No.476/1 in K.G. Road, Atmakur, Nandyal District. 2. Learned counsel for the petitioner submits the petitioner has purchased the property admeasuring Ac.378.61 Sq.yards by virtue of 2 sale deeds dated 27.05.2010. The petitioner purchased the said property from Mr. Momin Shamshur Joha. 3. It is submitted that the petitioner applied for mutation of his name in the Municipal Records on the strength of the sale deed of the petitioner. It is submitted that vide O.S.No.38 of 2015, the petitioner filed suit for eviction on the file of Senior Civil Judge, Atmakur against SBI for non-payment of rents and eviction of the property, and the matter was resolved before the Lokadalat and the due rents were paid by the SBI. Subsequently SBI is paying the rents regularly. 4. It is submitted that the vendor of petitioner filed O.S.No.8 of 2022 on the file of Senior Civil Judge, Atmakur seeking relief of declaration of title over the property, which was earlier executed in favour of the petitioner under the sale deeds. The vendor of the petitioners also executed the sale deeds in favour 4 HN,J W.P.No.31843 of 2025 of some third parties on 04.02.2022 and 05.02.2022. The vendor of the petitioner has executed the sale deeds in favour of third parties though he was aware that he is no longer the owner of the property, having sold the same to the petitioner. 5. It is submitted that the petitioner has filed I.A.No.5 of 2022 in O.S.No.08 of 2022 under order 7 Rule 11 CPC seeking rejection of plaint. The learned Judge has allowed the I.A and aggrieved by the said order, the vendor of the petitioner filed C.R.P. before this Court, in which no stay has been granted. 6. It is submitted that the petitioner is aggrieved by endorsement dated 01.09.2025, whereby, the 2nd respondent has rejected application of the petitioner for mutating his name on the ground that FIR No.266 of 2022 is pending, and that the same is taken on file as C.C.No.255 of 2025 and also that the said property is transferred to two other parties. 7. Learned counsel for the petitioner submits that the petitioner has purchased the property vide two separate sale deeds about 15 years ago and has been in continuation possession and enjoyment. The subsequent title documents for the property executed by somebody other than the petitioner cannot convey any title to the said property. 8. It is also submitted that the Crime No.255 of 2025 was filed by the petitioner against his vendor and others. 5 HN,J W.P.No.31843 of 2025 9. Learned Standing Counsel appearing for the 2nd respondent on written instructions submits that the impugned endorsement is issued to ensure that the property would be mutated in favour of the original owner and that the dispute relating to C.C.No.255 of 2025 would have to be resolved. 10. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent and also considering the sale deeds of the petitioner dated 27.05.2010, the 2nd respondent can mutate the name of the petitioner in the Municipal Records for levying of tax. Such mutation would not in any way confer any title in favour of the petitioner and would be subject to the outcome of the Civil proceedings initiated by the vendor of the petitioner. 11. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 24.11.2025 PGT