THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.5019 of 2007 ORDER: The property, bearing No.40-55, situated at Wanaparthy Village and Mandal, Mahabubnagar District, was recorded in the name of Smt. Sitharamamma. It is stated that one Sri Eswarlal had two wives i.e. Sitharamamma and Prabhavathamma, and the petitioner is the daughter of Prabhavathamma. Sitharamamma predeceased Eswarlal issueless and Eswarlal died thereafter. The petitioner states that there are no other heirs to her parents, or Sitharamamma. On a representation made by her, the Commissioner of Municipality entered the name of the petitioner in the place of Sitharamamma, against the property. The 3rd respondent is the brother and the 4th respondent claims to be the adopted son of Eswarlal. Both of them submitted an appeal before the Municiapal Council, Wanaparthy, the 2nd respondent, feeling aggrieved by the entries made in favour of the petitioner. Through its resolution, dated 25.11.2006, the 2nd respondent had directed deletion of the name of the petitioner and restoration of the name of Sitharamamma. The consequential proceedings were issued by the Municipal Commissioner on 01.02.2007. The petitioner feels aggrieved by the same. Heard learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2 and learned counsel for respondents 3 and 4. There is no dispute of the fact that Sitharamamma was the original owner of the property, referred to above. On her death, it has devolved upon her husband Eswarlal and the petitioner claims to be the only legal heir of Eswarlal. Acting on such representation, the 2nd respondent entered the name of the petitioner as the owner of the property. In case respondents 3 and 4 were aggrieved by such entries or the mutation effected in the records, they ought to have impleaded the petitioner as a party. Further, the 1st respondent ought to have issued notice to the petitioner, before altering any entries made in favour of the petitioner. No such steps were taken. The impugned order was passed without any notice to the petitioner. On this short ground, the writ petition is allowed. The resolution dated 25.11.2006 as well as the consequential proceedings, dated 01.02.2007, are set aside. It is left open to respondents 3 and 4 to prefer an appeal duly impleading the petitioner herein as a party. The 1st respondent shall also issue notice to the petitioner, before taking any other steps. The name of the petitioner shall continue to be on record, till the mutation is effected in the records, in accordance with law. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.03.02.2011. GJ