IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 23381 of 2008 Between: 1 Mohd. Abdul Jabbar, S/o. Late Md. Moulana Saheb, R/o. H.No. 2-1-170/2/3, Amarawadi Nagar, Suryapet Village & Mandal, Nalgonda District. 2 Mohd. Abdul Gaffar, S/o. Late Md. Moulana Saheb, R/o. H.No. 2-1-170/2/3, Amarawadi Nagar, Suryapet Village & Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 The Municipality, Suryapet, Rep by its Commissioner, Suryapet, Nalgonda District. 2 Shaik Tajuddin, S/o. Late Nabi Saheb, H.No. 1-1-469, Nehru Nagar, Suryapet, Nalgonda District. 3 Shaik Gulam Dastagiri, S/o. Late Nabi Saheb, R/o. Tungaturthy Village and Mandal, Nalgonda District. 4 Shaik Abdul Raheem, S/o. Late Nabi Saheb, R/o. Tungaturthy Village and Mandal, Nalgonda 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 to issue a writ, order or direction more particularly a writ of certiorari declaring the proceedings of the Commissioner, Suryapet Municipality, Nalgonda District dated 18-10-2008 issued in Proc. No. A1/2414/2008 as arbitrary, illegal, contrary to rules, without power and jurisdiction and also in collusion with respondents 2 to 4 and thus set aside the same and consequently declare that the proceedings of the 1st respondent dated 09-8-2007 issued in Proceedings No. A1/2414/2005 with regard to mutation are ﬁnal as long as the respondents 2 to 4 do not establish their rights over the subject property through a competent Civil Court and further direct the respondent No. 1 to take further steps to mutate the names of the petitioners in place in place of his late fater in the assessment registers of the 1st respondent and grant them permission from construction etc.,as per law and pass Counsel for the Petitioner:MR.T.P.ACHARYA Counsel for the Respondent No.: MR.POLISETTY RADHA KRISHNA(SC FOR MPL(TA)) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 23381 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are two in number assailing the proceedings No.A1/2414/2008, dated 18-10-2008 issued by the Commissioner, Suryapet Municipality. 2. When the writ petition came up for admission, Sri P. Radha Krishna Reddy, learned standing counsel for Suryapet Municipality received notice on behalf of the 1st respondent and Sri P. Suresh Kumar, received notice on behalf of the 4 th Respondent. 3. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for 1st respondent and learned counsel appearing for the 4th respondent. 4. Indisputably, the order impugned in the writ petition is an appealable order under Rule 7 of A.P. Municipalities (Alteration of Ownership of Property in Assessment Books Rules, 1966. For better understanding I may refer Rule 7, which reads as here under. “An appeal shall lie to the Council against the order of the Commissioner making or refusing to make alterations in the entries in the assessment books. Such appeal shall be presented within thirty days after the note of receipt of the order appealed against”. 5. In view of the petitioner having statutory remedy of appeal, invoking jurisdiction under Article 226 of the Constitution of India is misconceived. 6. In that view of the matter, this writ petition is disposed of directing the petitioners to avail the statutory remedy of appeal. The order impugned in the writ petition shall not give eﬀect till the expiry of time for ﬁling the appeal by the petitioners against the impugned order. No order as to costs. _____________________________ Justice B. Seshasayana Reddy 24th October, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 23381 OF 2008 24th October, 2008