A. VENUGOPAL Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) The petitioner claims to be the owner and possessor of the small residential house bearing Municipal No. 3 -5 -120 (old H. No. 3 -5 -116/2), consisting of 85 square yards, situated at Nakashiwada, Korutla proper and Mandal, Karimnagar. The name of the petitioner was included in the municipal records. The petitioner claims to have paid property tax. The third respondent herein filed OS No. 123 of 2010, on the file of the Senior Civil Judge at Jagtial praying to grant perpetual injunction restraining the defendants from interfering with the possession of the plaintiff over the suit schedule property, direct the defendant No. 3 to rectify wrong entries made on defendant No. 1 in municipal records and to declare the registered sale deed bearing Document No. 960 of 2008, dated 20.5.2008, executed by defendant No. 1 in favour of defendant No. 2 and award, dated 29.6.2008, passed by defendant Nos. 4 to 9 as null and void and not binding on the plaintiff. The suit was decreed on 26.9.2014. In terms of the decree granted, the Municipality was directed to rectify entries in the municipal records in respect of House Tax Assessment Register by deleting the name of defendant No. 1. The petitioner herein is the defendant No. 1 in the said suit. The information report as requested by the petitioner is furnished on 13.7.2015 inter alia informing the petitioner that in terms of the decree passed in OS No. 123 of 2010, his name in the municipal records is changed and the name of the third respondent is incorporated.

(2.) The decree passed by the Senior Civil Judge at Jagtial has become final as no appeal is preferred. Until and unless the decree passed in OS No. 123 of 2010 is reversed, the consequential action taken by the Municipality cannot be faulted.

(3.) Learned Counsel for the petitioner contends that in terms of Rule 4 of the Andhra Pradesh Municipalities (Alteration of Ownership of Property in Assessment Books) Rules, 1966 (for short, 'Rules 1966'), the petitioner is entitled for notice before correcting the municipal records, even if there is a decree passed by the competent Court.