THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.10236 of 2010 Date:19.08.2011 Between: P.Vittal Rao ..... Petitioner AND Municipal Council, Reptd by its Commissioner, Sadasivapet, Medak District And three others. .....Respondents Counsel for the Petitioner : Smt K.V.Rajasree for Sri S.Satyam Reddy Counsel for respondent No.1 : Sri Pavan Kumar Aditya Malladi for Mrs Shanti Neelam, Standing Counsel for Municipality Counsel for Respondent Nos.2 & 3: AGP for Municipal Administration Counsel for respondent No.4 : None appeared The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to set aside proceedings No.A1/2007/90, dated 14.02.1990, of respondent No.1, whereby it has deleted the name of the petitioner and substituted the name of respondent No.4 in the records of respondent No.1 as the owner and possessor of house bearing No.4-7-26 (new), 4-7-108 (old), Sardar Patel Road, Sadasivapet, Medak District. The petitioner claims to be the owner and possessor of the above mentioned premises. On his application made in the year 1974, the petitioner's name was mutated in respect of the said premises by respondent No.1, vide his proceedings No.A1/1785/74, dated 30.01.1976, showing him as successor of late Sri P.Bala Kistaiah. By the impugned proceedings, the petitioner's name was replaced with that of respondent No.4. When the petitioner applied for building permission in the year 1988, his application was rejected by respondent No.1 vide his proceedings No.G1/723/98, dated 06.02.2001. The petitioner pleaded that when his application was pending, he came to know that respondent No.1 has mutated the name of respondent No.4 in the records in respect of the said premises and being aggrieved by the same, the petitioner approached respondent No.2. As no action was taken by respondent No.2, except holding that mutation was not done by following the rules, the petitioner is stated to have approached respondent No.3 who issued memo No.11768/J1/99-2, dated 28.07.1999, calling for the records from respondent Nos.1 and 2. The grievance of the petitioner is that despite lapse of substantial time, no further action was taken by respondent No.3. Respondent No.1 filed a counter-affidavit wherein it has sought to justify the mutation of the name of respondent No.4 after deleting the petitioner's name in the records. It has denied the allegation that the mutation was not preceded by a notice to the petitioner by stating that the notice was affixed to the petitioner's house and that the petitioner failed to submit his objections. No counter-affidavit is filed on behalf of respondent Nos.2, 3 and 4. The facts noted above would show that the said mutation by the impugned order was made 20 years back. The petitioner made certain attempts to get the said order set aside by approaching respondent Nos.2 and 3. Even though records were called for by respondent No.3 in the year 1999, no information is placed before the Court by any of the parties as to the subsequent developments in this regard. In view of these peculiar facts and circumstances of the case, I am of the opinion that it would be appropriate that the petitioner approaches respondent No.1 with a representation. On receipt of such representation, respondent No.1 shall put respondent No.4 on notice and take a decision as to the person who is entitled for mutation of his/her name in its record in respect of the premises in question. Respondent No.1 after giving an opportunity of personal hearing to the petitioner and respondent No.4 shall pass a detailed order within a period of two months from the date of receipt of the representation from the petitioner. The aggrieved party shall be entitled to approach the competent civil Court for declaration of his/her title in respect of the above premises. With the above directions and observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.13149 of 2011 filed by the petitioner for the interim relief is disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 19th August, 2011 DR