THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.26432 OF 2011 O R D E R: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondent Municipality in not mutating the names of the petitioners in the municipal records in respect of house bearing H.No.11-106 situated at Water Tank Area, Mancherial, Adilabad District inspite of submitting the representation, dated 26.04.2011, by duly enclosing all the relevant documents as illegal and arbitrary and consequently direct the respondent Municipality to mutate the names of the petitioners in the municipal records for the above said property. 2. It is stated in the affidavit filed in support of the writ petition that the mother of the petitioners purchased the aforementioned house property in the year 1967 under a registered sale deed. After her demise on 28.07.2006, the petitioners and their brother one Sardar Jasvir Singh became the legal heirs and successors. The Tahsildar, Mancherial entered their names in the revenue records. While so, their brother Sardar Jasvir Singh died on 24.08.2010 and the aforementioned premises is in the possession and enjoyment of the petitioners. Though the names of the petitioners are reflecting in the revenue records, the name of their mother late Chatter Kour is existing in the municipal records. In order to avoid future complications, they made a representation on 26.04.2011, to the respondent Municipality to mutate their names in the municipal records but no action has been initiated. Hence, they filed the present writ petition. 3. The respondent Municipality filed counter-affidavit stating that they published a notice calling for objections on 27.04.2011 giving thirty days time to file claims or objections for which, one Devanth Kour and Gurucharan Kour, who are the daughters of Roop Singh, filed petition objecting mutation. As per the office records, the house in question is in the name of Devanth Kour and she has been paying the taxes. Gurucharan Kour also requested not to make any change in the office records in view of a civil case. The mutation may be questioned by way of an appeal under the Andhra Pradesh Municipal Act and rights among rival claimants are to be determined by a Civil Court. Therefore, the respondent Municipality rejected the request of the applicants and advised them to seek redressal in civil Court and hence, prayed to dismiss the writ petition. 4. Learned counsel for the petitioners contended that the petitioners got the property by virtue of a will deed and thereupon, the petitioners made an application on 26.04.2011 to mutate their names in the municipal records but the same has not been considered and hence, prays to issue a direction to the respondent Municipality to mutate the names of the petitioners in the municipal records. 5. On the other hand, learned Standing Counsel appearing for the respondent Municipality contended that after receipt of application, the respondent published notice calling for objections for which one Devanth Kour and Gurucharan Kour filed objections and therefore, they cannot effect the mutation and advised the applicants to seek redressal in the civil Court. 6. At present, the house in question stands in the name of Devanth Kour and she has been paying taxes to the respondent Municipality. While the matter stood thus, the petitioners filed an application, dated 26.04.2011, to mutate their names in the municipal records. When the respondent Municipality called for objections, Devanth Kour and Gurucharan Kour filed objection petitions. In view of the objections taken by them, the respondent Municipality rightly not mutated the names of the petitioners in the municipal records. Therefore, the respondent Municipality rightly advised the petitioners to obtain a decree from a competent civil Court so that they can act upon it. The writ petition is devoid of merit and is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed with a liberty to the petitioners to avail the remedies available to them under law. No costs. _​_____________________ JUSTICE K.C.BHANU 01st December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.26432 OF 2011 Date:01.12.2011 AMD