APHC010340282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE X. I if PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17340 OF 2024 Between; Gudapati Koteswara Rao, S/o. Shri Rama Murthy, age 63 years, R/o. D.No. 13-7/8, Sai Sowmya Residency, Vijayawada- 520007. Pinnamneni Teachers Colony, Kanuru ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Thullur Mandal Guntur District. 2. The District Collector, Krishna District. 3. The Sub Collector, Vijayawada Urban, Vijayawada, Krishna District. 4. The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada. 5. Devineni Seshagiri Rao, S/o. Late Narasimha Rao, aged 62 D.No. 29-27-64, Suryanarayana Street. Suryaroa pet, Krishna District years, R/o. Vijayawada, ...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 orders or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 3rd respondent vide A10/LG.C. No. 291/94 dated 23.03.2023, directing the 4*^ respondent herein to mutate the name of the 5^^ respondent herein in respect of my vacant site measuring 200 Sq.Yards in ward No.9 block No. 19 in NTS.804/2 and Ward No.ll block No.2 in NTS 32/AIB situated at Stadium Road, Sikhamani centre, Badavapet, Mogalrajpuram, Vijayawada, as highly arbitrary, illegal, null and void and against the principles of natural justice and violative of fundamental rights apart from Art.300-A of the India and to set aside the same and consequently to direct the authorities not to interfere with the my above said property. Constitution of respondent lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the proceedings vide AlO/LG.C. 291/94 dated 23.03.2023 issued by the 3^^^ respondent, pending disposal of the above writ petition pending disposal of the above writ petition. No. 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 be pleased allow the instant Interlocutory Application and take to on record/receive the following documents; a. A copy of the fraudulent sale deed dated 20.11.2023 executed by the Petitioner in the above Writ Petition in favour of one Miss. Chadalwada Kiran Jyothi. b. A copy Plaint filed by the Peritioner/Respondent No.5 in O.S. No. 201 of 2024 before the Hon’ble Principal Civil Judge (Senior Devision), Vijayawada, c. A copy of the order dated 05.09.2024 passed by the Hon’ble Principal Civil Judge (Senior Division), Vijayawada in lA. No. 1204/2024 in O.S. No. 201/2024. Counsel for the Petitioner: SRI U.NAGENDRA BABU Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent No.4 : SRI A. S. C. BOSE, SC FOR MUNCIPALITY Counsel for the Respondent No.5 : SRI V. LAKSHMINARAYANA The Court made the following order: APHC010340282024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] H THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17340/2024 Between: 1.GUDAPATI KOTESWARA RAO, S/0. SHRI RAMA MURTHY, AGE 63 R/0. D.NO. 13-7/8, SAI SOWMYA RESIDENCY, PINNAMNENI TEACHERS COLONY, KANURU, VIJAYAWADA- 520007 YEARS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIATE, AMARAVATI. THUIlUR MANDAL SECRETARY. VELAGAPUDI, DISTRICT. GUNTUR 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 3. THE SUBCOLLECTOR, VIJAYAWADA URBAN, VIJAYAWADA, KRISHNA DISTRICT. 4.THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA. 5.DEVINENI SESHAGIRI RAO, S/0. LATE NARASIMHA RAO, AGED 62 YEARS, R/0. D.NO. 29-27-64, SURYANARAYANA STREET, SURYAROA PET, VIJAYAWADA, KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 2 1.NAGENDRA BABU.U Counsel for the Respondent{S): 1.GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. LAKSHMINARAYANA V THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17340/2024 ORDER: The Writ Petition is filed to declare the proceedings of the 3'^'^ respondent vide A10/ L.G.C.No.291/94, dated 23.03.2023, directing the 4‘^ respondent herein to mutate the name of the 5'^ respondent in respect of petitioner’s vacant site admeasuring 200 Sq. Yards in Ward No.9, Block No.19 in NTS.804/2 and Ward No.11, Block No.2 in NTS.32/A1B, situated at Stadium Road, Sikhamani Centre, Badavapet, Mogalrajpuram, Vijayawada, as illegal and arbitrary. 2. The petitioner claims to have purchased the property under registered sale deed dated 21.09.2007 and the vendors of the petitioner had in turn purchased the scheduled property vide registered sale deed No.12505/1981 dated 22.12.1981. The vendors of the petitioner had said to have purchased the property through income tax department for realization of income tax dues vide registered document No.5509/1981 dated 15.06.1981. 3. It is brought to the notice of this Court that petitioner also executed sale deed vide registered document No.12103/2023 dated 21.11.2023, in favour of Ms Chadalavada Kiran Jyothi. Prior to the execution of sale deed by the petitioner on 21.11.2023. 4. Prior thereto, the impugned proceedings were passed calling upon the 4‘^ respondent to make an application to municipal corporation for mutation of the property. 1. r. 4 5. Questioning the made in favour of 4*^ same and apprehending that the mutation would be respondent, the 6. Learned counsel for the present writ petition is filed, petitioner submits that considering the title respondent, it is not open to the dispute between the petitioner and 5^^ municipal authority to go into the title. 7. Learned Standing submits that the vendee of the filed an application for 21.11.2023 and the mutated the counsel appearing for the respondent Corporation Kiran Jyothi had execution sale deed examining her case had proceedings No.MC/1073410052 petitioner Ms Chadalavada mutation subsequent to the respondent authorities after on property in her name vide dated 08.02.2024 8. Learned counsel for 5*^ action for filing the already executed Jyothi. It is further proceedings impugned do respondent submits that there i present writ petition IS no cause of as by the date the petitioner had registered sale deed in favour of Ms Chadalavada contended that writ petition is based on Kiran apprehension and the not mandate mutation in favour of respondent No.5. 9- Having heard the the opinion that submissions of the learned apprehension of the counsel, this Court is of writ petition petitioner in filing the appears to be misplaced Kiran as the name of the vendee i.e., Ms Chadalavada 08.02.2024 Jyothi No.MC/1 073410052. was mutated on vide proceedings notice of this Court that the S'” K is brought to the 5 respondent had filed Civil Suit subsequent there to and that the Civil Suit is contested by the petitioner. 10. In that view, there is no subsisting cause to adjudicate this writ petition. Accordingly, the writ petition is closed. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINIVAS assistant registrar //TRUE COPY// SECTIOfrj OFFICER To, 1. One CC to Sri U.Nagendra Babu, Advocate [OPUC] 2. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 3. One CC to Sri A. S. C. Bose, (SC for Municipality [OPUC] 4. One CC to Sri V. Lakshminarayana, Advocate [OPUC] 5. Two CD Copies Cnr HIGH COURT DATED:01/05/2025 ORDER WP NO. 17340 OF 2024 I 18 OCT »5 m CLOSING THE W.P. WITHOUT COSTS