KANURU VENKATESWARA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri M. Manohar Reddy, learned Standing Counsel for respondents 2 and 3 - Corporation.

(2.) The Writ Petition has been filed seeking declaration that the action of the 2nd respondent Corporation in issuing show-cause notice dated 08.03.2021 under Section 452(2) of the A.P. Municipal Corporations Act, 1955 (for short, the "Act"), and the show-cause notice dated 26.02.2021 issued under Section 252(1) of the Act in respect of the property bearing Door No.40-1-117C, situated near Reliance Trends, M.G. Road, Vijayawada, as illegal and consequently, sought a direction to the 2nd respondent Corporation to forbear from initiating any further action pursuant to the said notice and to drop all further proceedings pursuant to the said notice.

(3.) The petitioner claims to be the absolute owner of the property in an extent of 1442.43 sq. yards as he got the same by way of a registered partition deed dated 22.01.2015. It is stated that he paid the property tax as assessed by the 2nd respondent Corporation and he has been paying the property tax for the said property regularly. It is the case of the petitioner that till the year 2012, the said property is in the joint name of one Kanuru Nagabhushanam and Kanuru Koteswara Rao and on 12.02.2013 Kanuru Koteswara Rao applied for sub-division of door number and accordingly, the Revenue Inspector issued notice dated 24.04.2013 to Kanuru Nagabhush;anam and Kanuru Venkateswara Rao and thereafter, sub-division Door No.40-1-117B was allotted in favour of Kanuru Nagabhushanam and Door No.40-1-117C was allotted to Kanuru Koteswara Rao. Thereafter, in the year 2015, both of them have exchanged their properties by mutual consent.