IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23499 of 2008 Between: Smt. Dara Chandar Anitha D/o. D. Ram Chandraiah @ Chandraiah R/o. H.No.1-1-114/A, Prashanth Nagar, Waddepalli, Hanamkonda, Warangal District. ..... PETITIONER AND 1 The Municipal Corporation Rep. by its Commissioner Warangal. 2 Ganneboina Linga Murthy S/o. Komuraiah R/o. Waddepalli, Hanamkonda, Warangal Dist. 3 Ganneboina Shyam Sundar S/o. Komuraiah R/o. Waddepalli, Hanamkonda, Warangal Dist. 4 Ganneboina Komuraiah S/o. Komuraiah R/o. Waddepalli, Hanamkonda, Warangal Dist. 5 Ganneboina Sree Hari S/o. Komuraiah R/o. Waddepalli, Hanamkonda, Warangal Dist. 6 Ganneboina Sharabandam S/o. Komuraiah R/o. Waddepalli, Hanamkonda, Warangal Dist. 7 Ganneboina Vasudev S/o. Komuraiah, R/o. Waddepalli, Hanamkonda, Warangal Dist. .....RESPONDENTS 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 issue appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of the 1st respondent in Roc.No.A3/9447/2006 dt.29-3-2008 which is served on the petitioner on dt.29-4-2008 is illegal, arbitrary a n d violative of principles of natural justice and consequentially set aside the same. Counsel for the Petitioner:MR.J.VENKATESWARA REDDY Counsel for the Respondent No.: MR.V.DURGA NAGESWARA RAO The Court made the following : ORDER This writ petition has been ﬁled by Dara Chandar Anitha assailing the proceedings in Roc. No.A3/9447/2006, dated 29.3.2008 issued by the Commissioner, Warangal Municipal Corporation, Warangal, whereby and whereunder the assessment of plot No.539/B made in the name of Dhara Deena w/o D.Ramchandraiah @ Chandraiah has been cancelled. Heard the learned counsel appearing for the petitioner and perused the record. Indisputably, a statutory remedy of appeal is available against the proceedings impugned in the writ petition under the Hyderabad Municipal Corporation (Registry of the Transfer of Ownership of properties in the Assessment Book) Rules, 1965 (for short ‘the Rules’). Rule 5 of the Rules reads as hereunder: “Any person aggrieved by any order passed by the Commissioner or any Oﬃcer duly authorized by him may appeal to the Government against such order. Such appeals shall be presented within thirty days of the receipt by him of the order appealed against.” In view of the statutory remedy of appeal, the writ petition is disposed of reserving liberty to the petitioner to ﬁle an appeal as provided under Rule 5 of the Rules before the Government within 30 days from today. __________ 04-11-2008 Note: Issue CC by two days. (B.O) rkk