Disposed¶51

Bathina Lakshmi v. the State of Ap

Andhra Pradesh HC10 Aug 2025WP/21089/2025

Case brief

AI extract

What is this about?

municipal property tax mutation; registered will; no-objection certificate from legal heirs; abandonment of testator; Vijayawada Municipal Corporation; endorsement dated 11.11.2024; writ of mandamus under Article 226; Articles 14 and 300A; Indian Succession Act 1925; Hindu Succession Act 1956; Section 151 CPC condonation of delay 139 days; writ disposed with direction for fresh consideration; no costs.

What did the court decide?

Writ petition disposed of with a direction to respondent No.3 to consider the petitioner's representation afresh in light of the will's recitals of abandonment and the petitioner's care of the testator; petitioner's name to be considered for mutation if her application is otherwise in order; no costs; miscellaneous applications, pending if any, stand closed. ¶51

Bathina Lakshmi Vs the State of Ap — Succession and Inheritance | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent No.3 could insist on a no-objection certificate from the family members of the testator as a precondition for mutating the petitioner's name, where the will recites that the wife and children had abandoned the testator and the will is unchallenged. +1 more

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Court's answer

Respondent No.3 is directed to duly consider the petitioner's representation afresh and take into account the averments of the will showing that the wife and children of the testator had abandoned him and that the petitioner was taking care of his well-being during his lifetime.

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Ratio / Principle

It is pertinent for respondent No.3 to take into consideration that the will is not under challenge in any court of law as on date.

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Key takeaways

The name of the petitioner can be considered for mutation if the application submitted by the petitioner is otherwise in order.ratio¶51

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Harinath.N, J.), 11.08.2025 — Writ Petition No. 21089 of 2025 under Article 226 — Municipal mutation — Petitioner sought mutation of her name in property assessment record No.1073117659 of the Vijayawada Municipal Corporation on the strength of a registered will (testator died 04.03.2024); respondent No.3, by endorsement dated 11.11.2024, required a no-objection certificate from the testator's family members. Petitioner submitted that the wife and children of the testator had abandoned him six years prior to execution of the will, their whereabouts were unknown, and the will was unchallenged. Held: respondent No.3 directed to consider the representation afresh, taking into account the will's averments of abandonment and the petitioner's care of the testator during his lifetime, and the fact that the will is not under challenge in any court; petitioner's name can be considered for mutation if her application is otherwise in order. Writ petition disposed of; no costs; pending miscellaneous applications closed.

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APHC010143482025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE 4i!

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PRESENT

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HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 21089 OF 2025

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Between:

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Bathina Lakshmi, W/o. Bathina Hari Door No.41-26-20, Rajaka Street Krishnalanka, Vijayawada (U), Krishna District. ...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur^District.

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The Commissioner and Director of Municipal Administration,^Andhra Pradesh. Near DGP Office, Vadeswaram, Mangalagiri,^{GunturDistrict} Andhra Pradesh.

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The Vijayawada Municipal Corporation, Vijayawada, Krishna District rep.., by its Commissioner.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to a) Issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to accept the application and mutate the name of the petitioner in the property assessment^{number-1073117659} record in the office of the respondents No.3 with setting aside the endorsement letters RC.AII117811/2024 dated 11/11/2024.

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#->

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EN/1073413487. EN/1073413431 issued by the respondent No.3 as arbitrary, irrational, illegal, unfair and not only violative of the enshrined under Articles 14, Article 300A justice, the constitutional ^0visions the ISA, 1925 of Col, 1949 but also provisions of the HSA, 1956 and

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lA NO: 1 OF 2025

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stated Petition under Section 151 CPC praying that in the circumstances in the affidavit filed in support of the writ petition, the High Court may be returhed writ petition pleased to condone the delay 139 days in filing the 21-03- 2025 due to the health bundle before this court on or after paper in attending to the duties of the reasons which caused inconvenience^ advocate/counsel of the petitioner.

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Counsel for the Petitioner: SRI BADDIGAM V GOPALREDDY ; GP FOR MUNICIPAL ADMN AND Counsel for the Respondent Nos.1 & 2 URBAN DEVELOPMENT counsel for the Respondent No.3 :

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The Court made the following order;

APHC010143482025

[3457]

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 21089/2025

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Between:

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1.BATHINA LAKSHMI, W/0 BATHINA HARI, DOOR N0.41-26-20, RAJAKA STREET, KRISHNALANKA, VIJAYAWADA (U), KRISHNA DISTRICT

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...PETITIONER

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AND

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1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING,VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT.

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2.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION ANDHRA RADESH. NEAR DGP OFFICE,VADESWARAM,MANGALAGIRI,GUNTUR DISTRICT ANDHRA PRADESH.

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THE VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA,KRISHNA DISTRICT REP.., BY ITS COMMISSIONER.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.BADDIGAM V GOPALREDDY

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Counsel for the Respondent(S):

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1.GP MUNCIPAL ADMN AND URBAN DEV AP

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The Court made the following;

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THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21089 of 2025

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ORDER:

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Petitioner is aggrieved by the inaction on part of^{therespondents} in mutating the name of the petitioner in the municipal^records. 2. It is submitted that the petitioner had inherited the^{housebearingDoor} No.41-26-20, Rajaka Street, Krishnalanka, Vijayawada by virtue of a registered sale deed dated 22.10.2020. The testator^{ofthewillpassedaway} on 04.03.2024. After his demise, the petitioner submitted^{relevantdocuments} including the copy of the registered will and sought^{formutationofpetitioner’s} name.

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no 3. Respondent No.3 vide proceedings dated 11.11.2024 sought^for objection certificate from the family members for effecting^themutation. 4. Learned counsel for petitioner submits that the wife^{andchildrenofthe} testator of the will had abandoned him six years prior^{tothedateofexecution} of the will and the same is also mentioned in the recitals^ofthe will. The petitioner was looking after the testator of the will^{duringhislifetime.Itisalso} submitted that the whereabouts of the wife and children^{ofthetestatorofthe} will are not known and that it is difficult to secure their no objection certificate. It is also submitted that as on date, the will is unchallenged by anyone. 5. Heard learned counsel for petitioner and learned Standing^Counselfor respondent No.3.

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Considering the above submissions, respondent No.3^{isdirectedtoduly} consider the representation afresh and also take into^{accounttheaverments}

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of the will which would go to show that the wife and^{childrenofthetestatorof} the will had abandoned him and the petitioner was taking^{careofhiswell} being during his lifetime. It is also pertinent to^{takeintoconsiderationthatthe}

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will is not under challenge in any court of law as^ondate.

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In view of the above, the name of the petitioner can^{beconsideredfor} mutation if the application submitted by the petitioner^{isotherwiseinorder.} 8. Accordingly, the writ petition is disposed of. No costs.

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As a sequel, miscellaneous applications, pending, if any, shall stand

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closed.

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Sd/- K.KASI RAO ACHAR! //TRUE COPY// ASSISTANT REGISTRAR

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To,

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SECTION OFFjfeHR

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The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur District.

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2, The Commissioner and Director of Municipal Administration, Andhra Pradesh. Near DGP Office, Vadeswaram, Mangalagiri, Guntur District Andhra Pradesh.

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