Mutation of property in municipal assessment records without issuing notice to the affected parties and in violation of the principles of natural justice is illegal and arbitrary.

:: ORDER ::

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

“…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Roc.No.A1/3589/2015 dated 01.10.2015 of the respondent No.2 as illegal, arbitrary, violative of principles of natural justices and in contravention to the Alternation of Ownership of property in Assessment Books Rules 1966 and to consequently set aside the same and to pass...”

2. Heard Sri B.Muralidhar, learned counsel for petitioner and Sri P.Sridhar Rao, learned counsel for the respondent No.2. Perused the record.

3. When the matter is taken up for hearing, learned counsel for the petitioners contended that petitioner Nos.1 and 2 are the absolute owners and possessors of the house property bearing Door No.11-8-10, situated at Burhanpuram, Khammam, by virtue of a Will dated 20.08.1987 executed by their father. It is further submitted that though the property was standing in the name of the petitioners, without issuing any notice to them and without affording an opportunity, respondent No.2 - Municipal Corporation, mutated the property in the name of one Sri Mallela Mallikarjuna Rao.

4. It is further contended by the learned counsel for the petitioners that under the said Will, different properties were bequeathed to various family members, and that the subject property admeasuring 240 Sq.yards was specifically bequeathed to the petitioners. The said Will was never disputed by any legatee. After the death of their father, the petitioners’ names were duly mutated in the Municipal Assessment Records vide proceedings dated 05.12.1992, and they have been paying the property tax. Though their names were once removed, the same were restored vide proceedings dated 11.03.2015. The petitioners subsequently sold the property to the petitioner No.3 under a registered Sale Deed dated 11.09.2015. However, when mutation was sought in favour of the purchaser, respondent No.2, without issuing notice or providing an opportunity of hearing, passed the impugned proceedings dated 01.10.2015 deleting the petitioners’ names and entering the name of Late Sri Mallela Mallikarjuna Rao, who died in 2007, unilaterally based on the application of respondent No.3, without any notice to the petitioners, and in violation of the Alteration of Ownership of Property in Assessment Books Rules, 1966 and the principles of natural justice. Aggrieved thereby, the present Writ Petition is filed challenging the proceedings dated 01.10.2015 as illegal and arbitrary.

5. Learned Standing Counsel for respondent No.2, on instructions, submitted that the impugned proceedings were initiated by respondent No.3. He fairly conceded that no notice was issued to the petitioners prior to the passing of the impugned order, and that surprisingly, the name of a deceased person, i.e., the mother of respondent No.3, was restored in the assessment records.

6. In that view of the matter, the impugned proceedings is hereby set aside. The respondents are directed to conduct a proper inquiry on the complaint filed by respondent No.3, by issuing notice to the petitioners and shall pass appropriate orders only after affording a reasonable opportunity of hearing to the petitioners as well as respondent No.3, including personal hearing by strictly following the due procedure contemplated under the Telangana Municipalities Act, 2019.

7. With the above directions, this Writ Petition is allowed. There shall be no order as to costs.

Miscellaneous applications, if any, shall stand closed.