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2025 Supreme(Online)(AP) 9691

HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY, J
R.P. Chudamani – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 12241 of 2025



Advocates:
For the Appellants/Petitioners: Ayesha Azma S
For the Respondents: GP for Municipal Administration & Urban Development, G. Lakshmi Narayana

A municipal authority cannot adjudicate property title while civil proceedings are pending regarding the same title.

Headnote:(A) Article 14, 21 and 300A of the Constitution of India - Andhra Pradesh Municipalities Act, 1965 - Petitioner challenges proceedings for property tax mutation in favor of a third party as illegal due to claimed absolute title - The court finds the commissioner's approach inappropriate and supports interim suspension pending civil court resolution. (Paras 5, 6, 7)

(B) Legal Title - The issue of property title is forwarded to civil court as the assessment arose from prior tax records in the petitioner's name. (Paras 6, 7)

Facts of the case:
The petitioner disputes a municipal order transferring property tax to a third party, claiming better title despite long-standing records of her title in municipal documents.

Findings of Court:
The respondent should have deferred to the civil court regarding title disputes, given existing proceedings for title determination.

Issues: Whether the municipal commissioner had the authority to adjudicate on title in light of existing civil court proceedings.

Ratio Decidendi: The court emphasized the need to respect ongoing civil litigation pertaining to property title when addressing tax matters.

Result: Interim suspension of the municipal proceedings for eight weeks.

Table of Content
1. petitioner has disputed property tax reassignment. (Para 4 , 5)
2. municipal authority's jurisdiction over title matters questioned. (Para 6)
3. deferred resolution to civil court emphasized. (Para 7)

^J (SHOW CAUSE NOTICE BEFORE ADMISSION IN THE HIGH COURT OF ANDHRA PRADESH AT AM£

(Special Original Jurisdiction)

THURSDAY, THE TWENTY SIXTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE : PRESENT: tfaul THE HONOURABLE SRi JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12241 OF 2025 /-

BETWEEN:

R.P. Chudamani, w/o Latle R.P. Prudhuvi Raj, Aged about 68 years, R/o.-D.No. 9E/47, Kalyandurgam Town, Anantapur District.

... Petitioner AND I. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, szecretariat Buildings, Velagapudi, Amaravati, Guntur DistrI-Ct, Andhra Pradesh. 2. Kalyanadurgam Municipality, Represented by its Commissioner, Kal.yanadurgam, Anantapuramu District.

3. The Tahsildar, Kalya`nadurgam Mandal, Anantapuramu distrI'Ct.

4. E.N. Jayaramulu, S/o. Late E. Nagaraj., Aged a`bout 65 years, R/o.-D.No.1-88, Fort Street, Kalyandurg, Anantapuramu District.

5. E. Sai Charan, S/o. E.N® Jayaramulu, Aged about 39 years, R/o.-D.No.1-88, Fort Street, Kalyandurg, Anantapuramu District.

\

6. E. Sai Kiran, I S/o. E.N. Jayaramulul Aged about 37 years, R/o: D.No.1-8'8.

Fort.Street, Kalyandurg, Anantapuramu District.

7. E. F€ama Kumari, W/o. Late E. Th.ippaswamy, . Aged about 58 yea'rs, R/o: D.No.1-88, Fort Street, Kalyandurg, Anantapuramu District.

.._Respondents WHEREAS the Petitioner above named through her Advocate .M/s Ayesha Azma S, presented this Petition under Article 226 of the Const-ltut'lon of India praying that in the circumsta-nces stated in the affl'daVit filed therewith, the High Court may be pleased to issue an appropriate writ, order or di`rection more particularly one in nature of Writ of Mandamus declaring action of the respondents espec'lally the Respondent No.2 ,herein, in passing the proceedings vide No.264/2024/Al dated 02.ll.2024 as illegal, arbitrary and violative of Article 14 , 21 and 300A of the Constitution of India and contrary to the provisions of Andhra Pradesh' Municipalities, Act,1965 and consequently set aside the proceedings No. 264/2024/Al dated 02.ll.2024 issued by the Respondent no. 2 against the petitioner.

•-:,.,_-,:. /

AND WHEREAS th`e H.igh court upon perusing the petition and affidavit filed herein and upon hearir`g the arguments of M/s Ayesha Azma S, Advocate for the Petitioner, and of GP for Municipal Admn & Urban Developemnt for Respondent N.o.1,.and of Sri G.Lakshmi Narayana, Standing counsel for Respondent No.2, directed issue of notice to the Respondents (.

herein to show cause as to why this WRIT PETITION Should not be admitted.

tJi--.

_+

-'You viz:

1. The Principal Secretary, -State of Andhra Pl-adesh, 'Municipa.i Administration and Urban Development Department, Secretariatl Buildings, Ve'Iagapudi, Amaravati, Guntur District, Andhra Pradesh. .

2. The Commissioner, Kaiyanadurgam Muriicipality, Kalya'nadurgam,I Anantapuramu -District.

3. The Tahsildar, Kalyanadurgam Mandal, Anantapl]ramu district.-

4. E.N. Jayaramulu, S/o. Late E`. Nagaraj, Aged about. 65 years, R/o D.No.

1-88, Fort Street,. Kalyanciurg, Anan{apuramu District.

a

5. E. Sai Charan, S/o. E.N. Jayaramu]u, Aged about 39 years,+-'R/a Z6\

1-88, Fort S{reet7 Kaiyahdu.rg, Anantapuramu District, 6. E. Sa'l Kiran, S/a. E.N. Jayaramulu, Aged about 37 years, R/o D.No..1.-`

88,, Fort Street, Kalyandurg, A.nantapuramu District.

7. E. Rama Kumari, W/o. Late E. Thippaswamy, Aged about 58 years, R/o i D.No.1-88, Fort Street, Kalyandurg, Anantapuramu District.

are be and hereby directed to sho'w,cause within four (04)-`weeks to which date the case stands posted asLtO Why in the Circumstances Set Out in the petition and the affidavit filed ther`evyith (copy enclosed) this wR[T PETITION I r=r should' not be admitted.

lANO: 1 OF2025 I I petition under '§l6ction 151.CPC praying that in ,'the i circumstance

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