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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH j TWO THOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5878 OF 2025 Between: S. Althaf, S/o S.Suraj Basha, Aged about years, Occ; Business, R/o D.No. 19-4-198, Samajam Street, Tiruchanur village and Mandal, Tirupati District post, Tirupati Rural ...PETITIONER AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration, Velagapudi, Amaravathi.
2. The Tirupati Municipal Corporation, Tirupati Rep., by its Commissioner Tirupati District. ...RESPONDENTS praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ/s or Order/s more particularly one in the nature of Writ of Mandamus declaring the action of the assessing the door number to the newly constructed house petitioner in ward No. 19*^ ward STV Nagar Tirupati arbitrary and consequentially direct the respondent door No. 19-4-198 in the name of the petitioner. Petition under Article 226 of the Constitution of India respondent No. 2 in not of the as being illegal No.2 to assess the lA NO: 1 OF 2n?fi Petition under Section 151 CPC stated in the affidavit filed i pleased to issue interim directions to the praying that in the circumstances in support of the petition, the High Court may be respondent No. 2 to assess the
door number 19-4-198 in the name of the petitioner in respect of house if^ucted in ward No.19^'' ward STV Nagar Tirupati, door No. 19-4-198, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI V. VENKATA MAYUR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS CO The Court made the following: ORDER
APHC010096222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ [3460] m TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5878/2025 Between: ...PETITIONER S Althaf AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.V VENKATA MAYUR Counsel for the Respondent{S):
1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5878 of 2025
ORDER: Heard
learned counsel for the Petitioner and learned Standing Counsel appearing for the Respondent/Corporation.
2. The present Writ Petition is filed aggrieved by the action of the respondent No.2/Corporation in not assessing the property of the petitioner bearing door No.19-4-198 situated in S.T.V.Nagar. Tirupati Town, which was gifted in favour of the petitioner by his grandmother Smt. S.Halima Bee vide registered gift settlement deed dated 05.12.2011, bearing document No.5878 of 2011.
3. The representation of the petitioner to mutate his name for assessment of house tax dated 06.01.2025 was rejected by Respondent No.2 on the ground that the registered gift settlement deed in favour of the petitioner does not contain the door number in the schedule of property mentioned therein.
4.
Learned counsel for the petitioner submits that in the
“schedule” of the registered settlement deed, though there is no specific mention of the door number, but, there is a reference of the door number at page No.1 thereof while mentioning the address of the executant i.e., Smt. S.Halima Bee. The counsel further submits that there is mention of town survey number, ward number along
3 with boundaries and the property is easily identifiable. It was further submitted that the above property was assigned in favour of the grandmother of the petitioner vide T.H.S.No.266 of 2003, dated 19.08.2003 and apart from the above mentioned subject property, the grandmother of the petitioner did not have any other property to gift the same. Learned Standing Counsel for the Respondent/Corporation
5. submits that the assessment in favour of the petitioner was rejected on the ground that the gift deed standing in favour of the petitioner does not contain house number. Considering that the assignment is in favour of the grandmother of the petitioner, being her only property, which is gifted
6. to the petitioner, the Respondent/Corporation is
directed to re-consider the endorsement dated Nil.01.2025 issued vide P.G.R.S.NO.20/2025/A5 Online No.TPT202501067397 and pass appropriate orders within a period of six (6) weeks from today. Accordingly, the Writ Petition is disposed of. There shall be
7. no order as to costs. As a sequel. Interlocutory Applications pending if any, shall stand closed.
Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh, Velagapudi, Amaravathi.
2. The Commissioner, Tirupati Municipal Corporation, Tirupati, Tirupati District.
1.
3. One CC to Sri V. Venkata Mayur, Advocate [OPUC]
4. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ]
5. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT]
6. Three CD Copies. ssb
HIGH COURT DATED:11/03/2025
ORDER ^fSfANOS^^ K 27 MAR 2025 s CuttMl SMUon ^^sSesPATCV^^ WP.No.5878 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS