Petitioner challenged a mutation permit order. The High Court held that the civil court's judgment in a related suit conclusively adjudicated entitlement. Consequently, the writ petition was dismissed.
Writ petition dismissed; miscellaneous applications, if any, dismissed; no order as to costs.
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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.20040 OF 2003
Dt:- 28.09.2012
Between:-
P.Ram Reddy
… Petitioner
and
Nalgonda Municipal Council and others
… Respondents
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.20040 OF 2003
ORDER: -
Petitioner questions the order passed by the Commissioner, Nalgonda Municipality, dated 21.06.2001, in favour of respondent No.3 permitting mutation.
Learned counsel for respondent No.3 has placed before this Court a common judgment passed in O.S.Nos.82 of 2004 and 13 of 2007 on the file of Senior Civil Judge, Nalgonda, dated 06.09.2010, wherein the petitioner’s suit O.S.No.82 of 2004 filed against respondent No.3 and respondent No.2 herein, who were added as defendant Nos.1 and 2 in the said suit seeking declaration and rectification of wrong entries in municipal records and for eviction of defendant No.3 therein, was dismissed after trial and according to the learned counsel for respondent No.3, the said judgment has become final.
In view of the adjudication by the civil court on the issue involved, relating to entitlement for mutation, in the contest between petitioner and
respondent No.3, the writ petition cannot succeed.
Accordingly, the Writ Petition is dismissed. The miscellaneous applications, fi any, stand dismissed. There shall be no order as to costs.
____________________________ VILAS V. AFZULPURKAR, J
28.09.2012 lmv
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT PETITION No.20040 OF 2003
28.09.2012
lmv
1 issue framed by the court
Whether a writ petition regarding mutation can succeed after a civil court has adjudicated the entitlement issue.
P. Ram Reddy
Nalgonda Municipal Council
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
