IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.6290 of 2005 BETWEEN: Kommu Aruna, W/o. Dr. Ellandula Judson ... PETITIONER AND The Commissioner, Municipal Corporation, Warangal, Warangal District and another ...RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.6290 of 2005 ORDER: This writ petition is filed seeking a mandamus declaring the action of respondent No.1 in cancelling the Assessment made against H.No.2-8-693/1/A (old) i.e., H.No.2-9-1051 (new) situated at Waddepally, Hanumakonda Mandal, Warangal District, which stands in the name of the petitioner, vide impugned proceedings Roc.No.A2/12075/2004, dated March, 2005 as arbitrary and illegal. According to the petitioner, she is the absolute owner and possessor of an open plot at Survey No.301/C (new) i.e., Survey No.86 (old) of Waddepally Revenue Village, Hanumakonda Mandal, Warangal District. She acquired the said plot from her husband through a registered Gift Settlement Deed bearing document No.1972/2004, dated 26.02.2004 with the Joint Sub-Registrar, Warangal (Urban). The father of her husband, late E. Pochaiah, was the joint pattedar of the said plot to an extent of Ac.0-09 guntas, in Survey No.301/C (new) of Waddepally Revenue Village, along with his natural brothers and they are the absolute owners of the same, since 1954 till date. After the death of late E. Pochaiah on 22.01.1980, the husband of the petitioner inherited the same being his legal heir and to protect the same from the encroachments, raised basement to the level of three feet around the suit plot and thereafter, the same was gifted to the petitioner. According to the petitioner, she has also constructed a small shed in the said plot and the same was assessed by respondent No.1 and allotted H.No.2- 8-693/1/A for which she is paying the property tax and also obtained power supply. Thereafter, as one Siddam Rajaiah was trying to interfere with the peaceful possession and enjoyment of the plot in dispute, the petitioner filed O.S.No.513 of 2004 on the file of the learned Principal Junior Civil Judge, Warangal, against him, for permanent injunction and the same is pending. While that being so, it appears that the said Rajaiah had filed an objection petition before the Commissioner, Warangal Municipal Corporation, on 07.05.2004, for allotment of Door Number i.e., H.No.2-8-693/1/A for the vacant land in favour of the petitioner herein and the petitioner was issued with a notice by the Municipal Corporation and she submitted her explanation for the same. After hearing both the parties, the Commissioner, Warangal Municipal Corporation, passed the orders dated March, 2005 cancelling the assessment made to H.No.2-8-693/1/A, in favour of the petitioner, and directed both the petitioner and respondent No.2 to approach the Civil Court and settle the dispute, as to the ownership title over the said plot. When the suit filed by the petitioner is already pending and when there is a dispute as to the ownership and possession of the plot in question, I am of the opinion that the Municipal Corporation of Warangal has not committed any error in cancelling the assessment made to H.No.2-8-693/1/A, allotted earlier to the plot in dispute in favour of the petitioner. However, after the resolution of the civil dispute between the parties, the petitioner is entitled to approach the Municipal Corporation and the Corporation shall take appropriate steps for the purpose of recording the name of the petitioner, as per the decree passed by the Civil Court. Accordingly, the Writ Petition is dismissed. However, any observations made in this order shall not come in the way of the Civil Court in deciding the disputes between the parties. There shall be no order as to costs. _________________ C.V. RAMULU, J January 21, 2010 MD