P. PRANJALI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri K. Koutilya, learned counsel for the petitioner and Smt V. Seshakumari, learned counsel for the 3rd respondent.

(2.) This writ petition is filed under Article 226 of the Constitution of India for the following reliefs:

(3.) Sri K. Koutilya, learned counsel for the petitioner submitted that the petitioner is widow of late B. Madan Mohan Reddy and the 3rd respondent is the widow of late B. Giris Babu Reddy. Late Sri B. Madan Mohan Reddy and late Sri B. Giris Babu Reddy were the real brothers. Sri B. Madan Mohan Reddy was the absolute owner of the building bearing Door No.20/2/268/A2 (Assessment No.1012035118) situated at Koriagunta/Maruthi Nagar, Chittoor District in short the building, as per the ownership certificate dtd. 17/2/2004 issued by the Revenue Officer of the Municipal Corporation, Tirupati-2nd respondent and has been paying regularly the property tax. He died on 14/2/2007 leaving behind the petitioner and two minor children. Even after the death of Sri B. Madan Mohan Reddy, the 2nd respondent issued demand bill dtd. 6/6/2017 for the assessment year 2017-2018 and also the receipt dtd. 29/7/2017 in his name. The 3rd respondent filed an affidavit dtd. 29/7/2017 before the 2nd respondent wrongly stating therein that the said building was in her possession and enjoyment and as per the registered settlement deed Document No.712806 dtd. 14/11/2006 i.e the gift deed by B. Madan Mohan Reddy, in favour of her husband, late Sri B. Giris Babu Reddy, he was the absolute owner and requested to make mutation in her name, in place of Sri B. Madan Mohan Reddy, upon which, without any opportunity of hearing to the petitioner, the 2nd respondent passed the proceedings No.MC/1012004612 dtd. 8/8/2017 in favour of the 3rd respondent. He further submitted that Sri B. Madan Mohan Reddy had executed a registered gift deed No.7128/2006 dtd. 14/11/2006 in favour of Sri B. Giris Babu Reddy, but after the death of Sri B. Giris Babu Reddy on 7/6/2010, Sri B. Madan Mohan Reddy vide registered deed of revocation No.4646/2010 dtd. 7/9/2010 revoked/cancelled the gift deed dtd. 14/11/2006, however, this fact of cancellation of the gift deed was not brought to the notice of the 2nd respondent by the 3rd respondent.