THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.25118 of 2009 ORDER: The property in house No.12-2-586/1 is assessed in the name of the petitioner. The Deputy Commissioner of the Municipal Corporation, Hyderabad, 2nd respondent herein issued show cause notice dated 23.09.2009 requiring the petitioner as to why the assessment in his favour shall not be cancelled. Reference is made to the pre-existing title in favour of one Mr.Yellaiah. The petitioner states that claiming rights through Yellaiah and his wife, the Methodist Church, 3rd respondent herein filed O.S.No.455 of 2008 in the Court of Chief Judge, City Civil Court, Hyderabad for the relief of declaration of title and recovery of possession and the steps initiated by the 2nd respondent are untenable in law. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 and 2. The Corporation causes assessment of various properties in the names of the concerned owners exclusively for the purpose of collecting the tax. It does not have any bearing on the ownership. The name of the petitioner was entered in the assessment register after certain verification. The reopening of the same is proposed on the ground that the property was earlier assessed in the name of Mr.Yellaiah and the petitioner failed to produce the said link documents. This verification ought to have been conducted before the assessment in favour of the petitioner. At any rate, the suit is already pending, in which the relief of declaration of title and recovery of possession is sought against the petitioner. Respondents 1 and 2 cannot reopen the assessment, as long as the suit is pending. They have to await the outcome of the suit. Therefore, the writ petition is allowed and the impugned show cause notice is set aside. It is directed that the further steps in this regard would depend upon the outcome of O.S.No.455 of 2008. There shall be no order as to costs. _________ 19.11.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.25118 of 2009 Date: 19.11.2009 JSU