IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 19022 of 2008 Between: Praveen Kumar S/o. P.Chandraiah R/o. Kalyani Village, Yella Reddy Mandal, Nizamabad District. ..... PETITIONER AND 1 The Commissioner, Municipal Corporation of Nizamabad, Nizamabad District. 2 P.Chandraiah S/o. Late Bagaiah R/o. H.No. 3-3-398, Gayatri Nagar, Nizamabad, Nizamabad District. 3 P.Smt. Umabai W/o. P.Chandraiah R/o. H.No 3-3-398, Gayatri Nagar, Nizamabad, Nizamabad District. 4 Smt. Karimkonda Urmila W/o. K.Prakash r/o. H.No. 3-3-398, Gayatri Nagar, nizamabad, Nizamabad District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue order or direction more particularly one in the nature of writ of Certiorari by calling for the records relating to the impugned File No. A/2370/08, dated 22-07-2008 issued by the Commissioner, Municipal Corporation of Nizamabad, Nizamabad District ( 1st Respondent herein) and set aside the same as illegal, arbitrary and in violation of principles of natural justice and pass Counsel for the Petitioner:MR.KOVAIVENU GOPAL Counsel for the Respondent No.: MR.J.KANAKAIAH The Court made the following : THE HONOURABLE SRI JUTICE B. SESHASAYANA REDDY WRIT PETITION NO. 19022 OF 2008 ORDER: 1. This writ petition has been ﬁled by Praveen Kumar with a prayer to issue order or direction more particular one in the nature of writ of certiorari calling for the records relating to the File NO. A/2370/08, dated 22-7-2008 of the Commissioner, Municipal Corporation of Nizamabad- 1st Respondent and set aside the same as illegal and arbitrary and violative of principles of natural justice. 2. The petitioner is son of 2nd respondent. 3rd respondent is his step mother and 4th respondent is his step sister. There are some property disputes among them and ultimately their disputes landed in civil Court. The petitioner ﬁled O.S.No.91 of 2008 seeking partition and separate possession of his share. It is the contention of the petitioner that 2nd respondent purchased the house No. 3-3-398, situated at Gyatri Nagar, Nizamabad in the name of 3rd respondent. According to the petitioner, it is the 2 nd respondent who paid the consideration out of the joint family funds and therefore, it is a joint family property. It is his contention that 3rd respondent is trying to convey the property to the 4th respondent by way of gift deed and 4th respondent is trying to get a house mutated in her name in Corporation records. It is averred in the writ aﬃdavit that 4th respondent made application 21-6-2008 before the Commissioner, Municipal Corporation, Nizamabad for mutation of the house No.3-3-398 in the name of the 4th respondent basing on the registered gift deed. 1st respondent had received the said application from the 4th respondent on 22-7- 2008 and entered the name of the 4th respondent as owner of the disputed house. The order mutating the name of 4th respondent as owner of the premises bearing NO. 3-3-398 is under challenged in this writ petition. 3. When the writ petition came up for admission, Sri J. Kanakaiah, learned standing counsel received notice on behalf of the 1st respondent-Municipality. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for 1st respondent- Municipality. 5. Learned counsel for the petitioner submits that the 1st respondent eﬀected changes in the Corporation records with regard to the ownership of the house bearing NO. 3-3-398 despite injunction order granted by a Civil Court and therefore, the proceeding issued by the 1st respondent in File No. A/2370/08, dated 22-7-2008 is required to be set aside. 6. Learned standing counsel submits that 1st respondent is not party to the suit and if the petitioner succeeds in the suit, the finding recorded by the civil Court prevails over the entries made pursuant to the order in File NO. A/2370/08, dated 22-7- 2008. 7. Indisputably, the petitioner ﬁled a suit being O.S.No.91 of 2008 seeking partition and separate possession of his share. 3rd Respondent is owner of the premises as per the registered sale deed. She executed gift deed in favour of the 4th respondent. Basing on the gift deed, the 1st respondent proceeded to eﬀect necessary changes with regard to the ownership of the property. Since civil Court seized of the matter, any order/decree to be passed by the Civil Court will prevail over the proceedings issued by the 1st respondent in File NO. A/2370/08, dated 22-7-2008. Mere entry in the Corporation records with regard to ownership does not take away or eﬀect the rights of the petitioner to prove his claim in the civil suit. 8. With the above observation, the writ petition is dismissed at the admission stage. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 2nd September, 2008. KM THE HONOURABLE SRI JUTICE B. SESHASAYANA REDDY WRIT PETITION NO. 19022 OF 2008 2nd September, 2008.