IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5927 of 2008 Between: G.Neeraja Devi,D/o.Madhava Reddy, R/o.H.No.8-4-24,Krishna Colony, Warangal, ..... PETITIONER AND 1 The Commissioner,Warangal Municipal Corporation, Warangal, Warangal District. 2 The Additional Municipal Commissioner, Municipal Corporation, Warangal,Warangal District. 3 The Administrative Officer, O/o.Municipal Commissioner Office,Warangal 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 issue an appropriate Writ, Order of direction, preferably one in the nature of Writ of Mandamus to declare the action of the respondents are not considering the representation dated 12.07.2007 made by the petitioner for mutation of her portion of house bearing No.8-4-18(Old), corresponding new No.8-4-24, admeasuring 103 sq .yards, situated at Sri Krishna Colony, in the Municipal Corporation, Warangal District, even though, it was purchased with as Registered Sale Deed with a Document No.5840/1999, dated 14.12.1999 at Joint Sub-Registrar, Warangal is as illegal, arbitrary and also in violation of Article 14, 16 of Constitution of India and consequnetly direct the respondents to mutate the Portion of House Bearing No.8-4-24 (new) situated at Sri Krishna Colony, in the Municipal Corporation, Warangal District, in the name of the peititioner while disposing of the representation dated 12.07.2007 made by the petitioner which is pending before the 1st respondent till today and pass Counsel for the Petitioner:MRC.RAJA SEKHAR REDDY Counsel for the Respondent No.: MR.D.NAGESWARA RAO The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5927 OF 2008 ORDER: 1. This writ petition is filed by G.Neeraja Devi with a prayer to issue a writ order or direction more particularly one in the nature of writ of mandamus to declare the action of the respondents in not considering the representation dated 12-7-2007 made by her for mutation of her name in respect of the portion of the house bearing No.8-4-18 (old) corresponding new NO. 8-4-24, admeasuring 103 square yards, situated at Sri Krishna Colony within the jurisdiction of Warangal Municipal Corporation, as illegal and arbitrary. 2. The petitioner claims to have purchased a portion of the house bearing D.No. 8-4-24 from H.K.Padmanabha Sastry. Brother of her vendor namely H. Shiva Kumar filed O.S.No. 809 of 1997 and moved petition under Order 39 Rules 1 and 2 C.P.C. seeking for temporary injunction restraining H. Padmanabha Sastry and another from alienating the suit schedule house to the petitioner. The said I.A. No. 846 of 1997 came to be dismissed with an observation that any sale in favour of the present petitioner is subject to the result of the suit. The petitioner submitted an application to the Warangal Municipal Corporation-1st Respondent for mutation of her name in the Municipal records. Since, no action has been taken on the said application, she chooses to approach this Court invoking jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent-Corporation. 4. Learned counsel for the petitioner submits that the petitioner purchased the property from H.K. Padmanabha Sastry and Hari Hara Kumar under registered sale deed dated 14-12-1999 and therefore, her name is to be mutated in the Municipal records. The action of the respondents in not acting on the representation submitted by the petitioner with regard to the mutation of her name in the Municipal record is arbitrary, illegal and necessary direction is required to be given to the respondent-Corporation to consider the application of the petitioner and pass appropriate orders. 5. A fact remains that a suit being O.S.No.809 of 1997 is pending on the file of the II Additional Junior Civil Judge, at Warangal. Copy of the order dated 8-12-1999 passed in I.A.No.846 of 1997 in O.S.NO. 809 of 1997 on the file of the II Additional Junior Civil Judge, Warangal is placed on record. I have gone through the order, it is stated in the order that any sale is subject to the out come of the suit. For better appreciation I may refer the relevant portion of the order and it is thus: “The next point to be considered is whether R1 can alienate the property to anybody. If there was absolute partition of property and if it had already taken place, R1 has every right to alienate his portion. However, in this petition the point with regard to the partition cannot be decided. As it appeared that there was an understanding for partition between the parties by way of family arrangement. I believe R1 can alienate the property even to a 3rd party in regard to his portion. However, that is subject to the result of the suit. The balance of convenience is found in favour of R1 because the letters under Exts. R3 and R-4 reveal that his portion was already given on rent and some tenant is enjoying the same by paying rents. In these circumstances if injunction is granted it will cause inconvenience to R1 and loss will be sustained by him and the 3rd party tenant will suffer by such order. With these observations, I found that the petitioner is not entitled for any injunction”. 6. It is apparent from the order passed in I.A.NO. 846 of 1997 in O.S.No. 809 of 1997 on the file of the II Additional Junior Civil Judge, Warangal that any sale is subject to the result of the suit. The suit is stated to be pending and petitioner is party to the said suit, in which case, the petitioner has to see that the suit is disposed of and thereafter inform the same to the respondent-corporation and on such information, the respondent-Corporation shall consider the application filed by the petitioner and pass appropriate orders. 7. Accordingly, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 1st July, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 5927 OF 2008 1st July, 2008.