IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 2542 of 2009 Between: Volety Ravi Kumar, S/o. Kama Raju, R/o. Flat No. 39(G) 'A' Block, 7th Floor, Seashells Enclave, Waltair Uplands, Visakhapatnam, Visakhapatnam District. ..... PETITIONER AND 1 The Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Rep. by its Commissioner. 2 The Deputy Commissioner (Revenue), Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 3 The Assistant Commissioner -III Greater Visakhapatnam Municipal Corporation, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Mandamus declaring the inaction of the respondents in considering the request of the petitioner for effecting of transfer of ownership of the Flat No. 39(G), 7th Floor, situated in Seashells Enclave, T.S.No.1027 of Waltair Ward, Visakhapatnam bearing Assessment No. 27999/91 and Door No. 11-2-1/38, as illegal, arbitrary and violative of the Hyderabad Municipal Corporation (Registry of the Transfer of Ownership of Properties in the Assessment Book) Rules 1965 and consequently direct the respondents to effect the transfer of ownership in relation of the said property, by duly recording the petitioner's name in the municipal records. Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondents: MR.N.RANGA REDDY (SC FOR MPL. CORP. VSP) The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.2542 OF 2009 ORDER: This writ petition is filed questioning the inaction of the respondents in considering the request of the petitioner for effecting of transfer of ownership in his favour in respect of Flat No.39 (G), 7th Floor, situated in Seashells Enclave, T.S.No.1027 of Waltair Ward, Visakhapatnam, bearing Assessment No.27999/91 and Door No.11-2- 1/38, in the assessment book of the Municipal Corporation, in terms of the Hyderabad Municipal Corporation (Registry of the Transfer of Ownership of Properties in the Assessment Book) Rules, 1965 (for short ‘the Statutory Rules’). Petitioner claims that himself and his wife purchased Flat No.39 (G), 7th Floor, situated in Seashells Enclave, T.S.No.1027 of Waltair Ward, Visakhapatnam bearing Assessment No.27999/91 and Door No.11-2-1/38, by virtue of a registered sale deed, dated 29.01.2004, which was registered by the Joint Sub-Registrar, Visakhapatnam, pursuant to the order dated 20.02.2007 of this Court in W.P.No.3141 of 2007, whereunder it was directed that the document of the petitioner be processed as per the relevant provisions, while observing that Section 22-A of the Registration Act, 1908, had been declared ultra vires. According to the petitioner, after execution of the registered sale deed, he approached the Municipal Corporation Authorities with a request of transfer of ownership in his favour in respect of the said property in the assessment book of the Municipal Corporation, in terms of the Hyderabad Municipal Corporation (Registry of the Transfer of Ownership of Properties in the Assessment Book) Rules, 1965 (for short ‘the Statutory Rules’). Thereupon, the 3rd respondent issued an endorsement, dated 27.09.2007, to the petitioner with a request to produce certain documents, such as registered sale deed and Will (link document) attested on both sides and also up to date payment of property tax receipts. The grievance of the petitioner is that though he had duly complied with the said endorsement, by submitting the required documents, his request for transfer of ownership in his favour in respect of the said property in the assessment book, as per the statutory Rules, is not yet processed by the respondents. Learned counsel on either side, however, agreed to dispose of the writ petition with the following directions:- “The respondent Municipal Corporation is directed to consider the request of the petitioner regarding the transfer of ownership in his favour in respect of Flat No.39 (G), 7th Floor, situated in Seashells Enclave, T.S.No.1027 of Waltair Ward, Visakhapatnam, bearing Assessment No.27999/91 and Door No.11-2-1/38 in the assessment book of Municipal Corporation, in terms of the Hyderabad Municipal Corporation (Registry of the Transfer of Ownership of Properties in the Assessment Book) Rules, 1965, and pass appropriate orders thereon, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order”. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ______________ N.V.RAMANA,J 12.02.2009 v v