APHC010705372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]

(Special Original Jurisdiction)

FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 36396 OF 2025 Between:

1. S MT. BATTULA VIJAYA LAKSHMI,, W/O LATE BATTULA POORNACHANDRA RAO AGE 41 YEARS, OCC- HOUSEHOLD DUTIES, D.NO.7-132, GANDHI BAZAAR, MARKAPURAM VILLAGE, MARKAPURAM MANDAL, PRAKASAM DISTRICT - 523316 PRESENTLY RESIDING AT D.NO.6-380, VADDERA BAZAAR, MASJID BACK SIDE MARKAPURAM TOWN, PRAKASAM DISTRICT -

523316.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPALSECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH, 522237.

2. T HE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF ANDHRA PRADESH, APCRDA BUILDING, RAYAPADU POST, TULLURU MANDAL, GUNTUR DISTRICT. 522237.

3. T HE DISTRICT COLLECTOR, PALNADU DISTRICT AT NARASARAOPETA, (FORMERLY GUNTUR DISTRICT). 522601.

4. T HE REGIONAL DIRECTOR CUM APPELLATE, COMMISSIONER OF MUNICIPAL ADMINISTRATION, AT GUNTUR, GUNTUR DISTRICT.

522002.

5. T HE MACHERLA MUNICIPALITY, REP. BY ITS COMMISSIONER, MACHERLA POST, PALNADU DISTRICT, (FORMERLY GUNTUR DISTRICT). 522426. ...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 to a Writ, Order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in mutating/transferring the house bearing No. 12- 3-233 vide Assessment No. 1022003421 from the petitioner name i.e., Bathula Vijayalakshmi into the name of the petitioner's husband by name Battula Poornachandra Rao, who died on 23.06.2017 without issuing notice to the petitioner and without following due process of law under the Andhra Pradesh Municipalities Act, 1965 and rules therein is illegal, arbitrary, without application of mind and nonest in the eye of law and also hit by audi-alterm- pleased to issue to a Writ, Order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in mutating/transferring the house bearing No. 12- 3-233 vide Assessment No. 1022003421 from the petitioner name i.e., Bathula Vijayalakshmi into the name of the petitioner's husband by name Battula Poornachandra Rao, who died on 23.06.2017 without issuing notice to the petitioner and without following due process of law under the Andhra Pradesh Municipalities Act, 1965 and rules therein is illegal, arbitrary, without application of mind and nonest in the eye of law and also hit by audi-alterm-pleased to issue to a Writ, Order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in mutating/transferring the house bearing No. 12- 3-233 vide Assessment No. 1022003421 from the petitioner name i.e., Bathula Vijayalakshmi into the name of the petitioner's husband by name Battula Poornachandra Rao, who died on 23.06.2017 without issuing notice to the petitioner and without following due process of law under the Andhra Pradesh Municipalities Act, 1965 and rules therein is illegal, arbitrary, without application of mind and nonest in the eye of law and also hit by audi-alterm-partem and violation of Acrticles 14, 19. 21and 300-A of Constitution of India and other consequently direct the 5th respondent to restore the name of the petitioner for the house bearing No. 12-3-233 vide Assessment No. 1022003421 as per the proceedings/order vide proc. No.

MC/1022046487, dated 22.11.2023 and to 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 respondent No.5 to consider the legal noti