SHYAMSUNDAR AGARWAL Vs. THE STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed for a mandamus to set aside notice in File No.A1/728/2015, dated 22.09.2015, of respondent No.2.

(2.) The petitioners pleaded that petitioner No.1 and his brothers and sisters along with their parents have acquired various properties with the joint family funds in the name of different members of the joint family. That on 08.06.1995, the father of petitioner No.1 died intestate and on 09.10.2011, his mother also died intestate, that on 11.05.2015, the petitioners along with other family members have partitioned the joint family properties under a registered partition deed, bearing document No.5590 of 2015, and that on 15.07.2015, the petitioners have made applications to respondent No.2 seeking mutation of their names in the property register in respect of the properties, which have fallen to their respective shares. That under the impugned notice, dated 22.09.2015, the Commissioner of respondent No.2 has returned the said applications by informing that if the petitioners pay fee in respect of each of the items of the properties, for which mutation is sought, totalling Rs.15,49,078/ -, their request will be reconsidered. Feeling aggrieved by this action on the part of respondent No.2, the petitioners filed this writ petition.

(3.) Mr. P.Lakshma Reddy, learned counsel for the petitioners, submitted that none of the provisions of the Andhra Pradesh Municipalities Act, 1965 (for short the Act), authorizes respondent No.2 to collect any fee for mutation of the names of the owners of the properties based on the deed of partition and that therefore, the action of respondent No.2 in returning the applications of the petitioners for nonpayment of fee and demanding the aforesaid sum as purported fee for mutation is wholly illegal and arbitrary.