IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2704 OF 2025 Between: Kola Aggi Ramulu, S/o Kola Venkataiah, D.No.35/77/3, Indira Nagar, Almakur, Kurnool, Andhra Pradesh aged about 64 years, R/o. -518422 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Municipal Administration and Urban Development, A.P. Secretariat, Velgapudi, Guntur District, Andhra Pradesh. 2. Atmakur Municipality, Rep by its The Commissioner Atmakur, District, Andhra Pradesh. 3. Kola Ravi Kumar, S/o Kola Aggi Ramulu, Aged about Not Known petitioner, R/o D.No. 1-35-77-3, Indira Nagar, Atmakur, Kurnool, Kurnool District, Andhra Pradesh - 518422 Kurnool to the ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring action of the Respondent not removing the name of the unofficial Respondent No.2 in No.3 from the assessment register for the house located in H.No.1-35-77-3, Indira Nagar Athmakur as illegal, arbitrary, high handed. Articles 14 and 21 of the Constitution of India and Respondent No.2 to consider the contrary to law, violative of consequently direct the representation of the Petitioner dated 02.09.2024 forthwith remove the name of the unofficial Respondent No.3 4 from the assessment register for the house located in H.No.1-35-77-3, Indira Nagar, Athmakur. i'- / 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 bi pleased to direct the Respondent No.2 to consider the representation of the Petitioner dated 02.09.2024 forthwith remove the name of the unofficial Respondent No.3 from the assessment register for the house located i H.No.1-35-77-3, Indira Nagar, Athmakur. in Counsel for the Petitioner: SRI ARUN SHOWRI G Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.3:— The Court made the following: ORDER APHC010046602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / [3333] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2704/2025 Between: ...PETITIONER Kola Aggi Ramulu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.ARUNSHOWRI G Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- y .to issue a writ order or direction more particularly, one in the nature of Writ of Mandamus,declaring action of the Respondent No. 2 in not Respondent No. 3 from the removing the name of the unofficial assessment register for the house located in H. No. 1-35- 11-3, Indira Nagar, Athmakur as illegal, arbitrary, high handed, contrary to law, violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondent No. 2 to consider the representation of the Petitioner dated 02.09.2024 forthwith remove the name of the unofficial Respondent No. 3 from the assessment register for the house located in H.No. 1-35-11-3, Indira Nagar, Athmakur and pass. 2. The petitioner and the respondent No.3 herein are father and son respectively. The State Government has launched “Jagananna Sampoorna Gruha Hakku Scheme”, vide G.O.Rt.No.82, dated 22.10.2021 to waive off the loans obtained by the beneficiaries under various housing schemes and its main aim is to provide full ownership of properties to beneficiaries by cancelling loans and interest on government approved houses. As the petitioner was eligible as per the said scheme, a house bearing H.No. 1-35- 77-3, Indiranagar, Atmakur Municipality was registered in his favour vide registered document No. 153025. Since then, the petitioner has been in possession of the said property. 3. While the matter stood thus, the respondent No.3 fraudulently got his name recorded in the assessment register bearing assessment No.1160011035. From October. 2023, the 2"'^ respondent started issuing house tax receipts in the name of the 3'"' respondent, aggrieved by which, the petitioner has submitted a representation dated 02.09.2024 requesting to remove the name of the.^'f^respondent from the assessment register and to issue house tax receipt in favour of the petitioner herein. As no action was nd initiated by the 2 02.09.2024, the present writ petition is filed. respondent pursuant to the representation dated Heard learned counsel for the petitioner and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel for respondent No.2. 4. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions received from the 2 respondent dated 06.02.2025 wherein it is stated that plot No. 192 to an extent of 5.00 cents was initially sanctioned to one Eswaramma by the Government under Indiramma Housing Scheme and subsequently, the said plot was gifted to her daughter by name Smt. Jayamma who is the wife of the petitioner herein. In the year 2009, the said plot was gifted to the son of the petitioner i.e. the respondent by his parents i.e. Smt. Jayamma and the petitioner herein vide agreement number 10600, dated 12.10.2009. It is further stated that after the death of his mother, the 3^^ respondent has approached the respondent municipality for levying property tax and relying upon the agreement No. 10600, dated 12.10.2009, the 2"^^ respondent has levied property tax to the 3'"'^ respondent. 5. nd As per the instructions of the 2"*^ respondent, it shows that the petitioner vide agreement No. 10600, dated 12.10.2009 has agreed to mutate the name of the 3^^^ respondent in the assessment register, but, however, it is merely an agreement but not a registered document. Admittedly, the plot No. 192 admeasuring an extent of five cents was registered in favour of the petitioner herein under Jagan Anna Sampoorna Hakku Scheme vide register number 153025 in the year 2021. In view of the same, the respondents ought to have considered the representation submitted by the petitioner on 02.09.2024 for change of the assessment registration by duly deleting the name of the 3^^ respondent from the assessment register. 6. I nd is disposed of and the 2 submitted by the the fact that the herein under Jagan 153025 in the year period of four (4) weeks 4 this writ petition is the representation In view of the same is directed to consider 02.09.2024 duly taking 7. respondent into consideration f on petitioner subject plot was Anna Sampoorna registered in favour of the petitioner Hakku Scheme vide register number 2021 The said process shall be completed within a from the date of receipt of a copy of border. of. There shall be no is writ petition is disposed Accordingly, this 8. order as to costs. petitions pending, if any , in this Writ petition shall stand Miscellaneous Sd/- Wl SRiNiVAS assistant registrar j closed. SECTION OFFICER /rTRUE COPY// and Municipal Administration A.P. Secretariat, To Department of of Andhra Pradesh The Principal Secretary Development, State i. Guntur District. Andhra Municipality, Atmaku 1 Urban Kurnool District Velgapudi 2 The Commissioner Atmakur Andhra Pradesh. rnPilCl sh Arun Showri G. Advocate [OPUCl SireeshaRaniValiabhanem.SCfor 3. One CC to 4. One CC to M/s. MunicipalitiesfOPUCj and Urban Deveiopment, Municipai Administration Pradesh. [OUT] 5. Two CCS to GP for High Court of Andhra 6. Three CD Copies. ssb HIGH COURT DATED:06/02/2025 ORDER WP.No.2704 of 2025 2 \ MAR 2025 13: sO Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS