THE RIGHT TO INFORMATION ACT 2005 :

SECOND APPEAL TO STATE INFORMATION COMMISSION

Date:
To :

28th April, 2014

A. P. STATE INFORMATION COMMISSION
HACA Bhavan, Opp. Public Gardens, HYDERABD
Copy to : First Appellate Authority, GHMC, Circle-10
Khairatabad,
HYDERABAD-500004

1.

(i)
(ii)

NAME & ADDRESS OF THE APPELLANT :

NITTALA SURYA PRAKASAM
15-25-558,KPHBColony,RoadNo.1,HYDERABAD-72.
2.. NAME & ADDRESS OF STATE PIO AGAINST THE
DECISION OF WHICH THE APPEAL IS PREFERRED
Greater Hyderabad Municipal Corporation, Circle-10, Khairatabad, HYBERABAD
P I O cum Deputy Commissioner
First Appellate Authority cum Zonal Commissioner
3. PARTICULARS OF ORDERS AGAINST WHICH THE APPEAL IS PREFERRED
No Order has been issued as on this date
4. BRIEF FACTS LEADING TO APPEAL :
(A) Ownership Documents Of Property

(Encls at Appendix-A)

(i) I am the Registered Owner of the property based on the Judgement and Decree in suit
No. O.S. 1675 of 2002 against V.DASHARATH (Judgement Debtor),the Honourable
Court of VII Senior Civil Judge, City Civil Courts, Hyderabad Executed the Sale Deed
Document and Registered the same at SRO, Banjara Hills vide Doc. No.1644/19-5-2003.
Schedule of Property
All that the Plot No. 38/1 admeasuring 115.5 Sq.Yds situated at Netaji Nagar, Near
A.G.Colony, Erragadda, HYDERABAD-18 forming part of Survey No.136 and 145/7
with House bearing Municipal No. 8-4-549/38-1 thereon bounded as under :East : Plot No.38, West: Road 40 wide, North : Road 20wide, South : Neighbour land.

(B)

NOTICE OF TRANSFER OF PROPERTY

(Encls. At Appendix-B)

(i) I applied for NOTICE

OF TRANSFER OF PROPERTY
conforming to Sale Deed
Document No.1644/2003 to The
Commissioner,Municipal Corporation of Hyderabad,
on 30-3-2012 enclosing all the specified
Documents and paying the :(a) Outstanding Property Tax : Rs.8346/(Rs.21,190/- minus interest Rs.12864/-waived) was
Paid by me by crossed SBI NRO
Ac.Chq.No.239842 dated 29-3-12 PAY
:COMMISSIONER,
GREATER HYDERABAD MUNICIPAL
CORPORATION PROPERTY TAX HOUSE
No. 8-4-549/38-1 This Chq amount was debited
from my SBI NRO Ac. No. 30156955358

5 days later on 04-04-12. But GHMC, Circle-10

made its Receipt No.178658 on 30-3-2012
With Payee = V.DASHARATH, House :84-549/38/1/A Assmt No. 1100801692 for Rs.8346/Further referring to GHMC Property Tax Payment
Summary, this amount was credited to another
SAROJA GAIKAWAD Door No. 8-4-549/381/A
on the same day 30-3-2012. Here, I wish
to take liberty to bring to your kind
notice that :- :
(i)

V. DASHARATH was the Judgement Debtor whose property was registered by the Court
on my name on 19-5-2003. He ceased to have any rights over this property. I am the sole and
absolute owner of the property 8-4-549/38-1 registered by the Court in Document 1644/2003..

(ii)

House No. 8-4-549/38-1 with PTIN No. 1100801694 was existing on the records of GHMC,
Circle-10 as on 30-03-2012 when I applied for Transfer of Property on to my name. The OWNER
on GHMC Records as on 30-03-2012 was P.RAMESH BABU whose property tax dues as on
25-04-14 are Rs.36,485/- The same P.RAMESH BABU is blessed/sheltered by GHMC,Circle-10
as OWNER of another 8-4-549/38/1-B PTIN No.110801693 whose property tax arrears as on 25-04-14
are Rs.18,983/(iii)

GHMC,Circle-10 Ltr.No. 1938/T-10/TC10/GHMC/2013 dtd. 22-06-13 acknowledged receipt

Of my Notice for Transfer of Property bearing their reference number: CSC No.22743/02/04/2012
dt. 02.04.2012. and yet advised me to apply afresh along with the required documents. My gentle
reminder about the encashment of my cheque No. 239842 dt.29-3-12 made them to change track and
say the door number mentioned in the Registered Sale Deed and Tax paid receipt submitted by you
are not matching.. Hence your application for change of name has been rejected However, the Demand
Draft amounting of Rs.2130/- dt. 30-03-2012 (Syndicate Bank, CAO, Hyderabad) has not been remitted in
GHMC Treasury. I may remark that the Tax paid receipt is a creation of GHMCwhich did not conform
to my Cheque and all other documents submitted by me with my Notice of Transfer of Property wherein
House No. 8-4-549/38-1 only was clearly written.

(b) Fee for Transfer of Property. : The Demand Draft was not encashed with the same speed as the Cheque
and
assigned to the dust bin by GHMC, Circle 10, apparently to avoid legal complications if brought on GHMC
Records.
(C) R T I APPLICATION & CORRESPONDENCE (Encls at Appendix-C)
Having thus been alerted that the Property Decreed, Executed and Registered by the Honourable Court of VII
Senior Civil Judge is being alienated by GHMC, Circle-10, I filed an Application dated 03-05-2013 for obtaining
following information as per provisions contained in Right To Information Act-2005
3. Particulars of information required:
Details of Applications/Documents etc/ based upon which the property described
below** was transferred by GHMC Circle-10 to the following persons :
(i) P. RAMESH BABU
(ii) SAROJA GAIKAWAD
(iii) Any other person who may be on the Records of GHMC as
Owner of any part of the House bearing MCH No. 8-4-549/38/1
Public Information Officer cum Deputy Commissioner, GHMC,Circle-10 by his letter No. 523/T-10/
TC10/GHMC/2013 dated 09-5-2013 advised me to submit the application for transfer of Property
along with the required documents (afresh) on the enclosed applicaton form. I considered this
response from PIO as not relevant to my RTI Application dated 03-5-13 and so replied by my letter
dated 14-5-13 highlighting the facts that the cheque was actioned and my Applicaton for Transfer

of Property dated 30-03-2012 needs to be attended.

Finding no response from the PIO cum DC GHMC Circle-10, I filed an Appeal dated 11-06-2013 to
The First Appellate Authority under RTI Act. I was called for a Hearing on 25-6-13 and. I attended.
At the Hearing, I explained all the facts as also shown for perusal all the relevant Documents in my possession.
A pre-dated letter No. 1938/T10/TC10/GHMC/2013 dated 22-06-2013 was handed over to me in person at
the end of the hearing on 25-6-2013. The letter reads :
it is to inform you that the door number mentioned in Registered Sale Deed and Tax paid receipt submitted by
you are not matching. Hence your application (CSC No. 22743/02/04/2012 dated 02-04-2012) for change
of name has been rejected. Hence the Demand Draft amounting of Rs.2130/- dt. 30-03.2012 (Syndicate Bank,
CAO Hyderabad) has not been remitted in GHMC Treasury.
In my response letter dated 27-06-2013 running into 5 pages, I presented the genesis of the Property with
Documentary proofs to show that
(i)
the Plot of Land eversince 24-6-1982 was 38/1,
(ii) the House (built thereon) bears GHMC No. 8-4-549/38/1 eversince 05-03-1991,
(iii) the Bailiff Warrants dated 07-4-11, 06-01-12 & 18-12-12 issued by the Honourable Court of VII
SCJ, CCC, Hyderabad directing the Bailiff to put the Decree Holder (i.e. myself) in possession
of the same (viz. House No. 8-4-549/38-1) and you (i.e. the Bailiff) are hereby directed/authorized
to
remove any person bound by the decree who may refuse to vacate the same.
Further, I clarified that my Notice of Transfer of Property dated 30-03-2012 along with all the enclosed
documents
were for House No. 8-4-549/38-1. Here it is pertinent to mention that the cheque was encashed and the
proceeds
diverted and credited to their favoured illegal residents. The Demand Draft has not been remitted in GHMC
Treasuryapparently because the GHMC Circle-10 Officials did not want to transfer the property on to my
name.
The forgoing are the Brief facts leading to Appeal and are brought in more details by this 77 years old
ex-servicemen, widower living all alone in Hyderabad.
5. IF THE APPEAL IS PREFERED AGAINST DEEMED REFUSAL, THE PARTICULARS OF
APPLICATION INCLUDNG NUMBER & DATE AND THE NAME AND ADDRESS OF
STATE PIO TO WHOM THE APPLICATION WAS MADE
* I first addressed my first Application dated 03-5-13 under the provisions of RTI Act to PIO cum
Deputy Commissioner,
GHMC, Circle-10. I received a reply letter dated 09-5-13. But this prompt reply was found to be
irrelevant vis--vis my
Application.
** My appeal dated 11-6-2013 to the First Appellate Authority cum Zonal Commissioner, GHMC,
Circle-10 also ended up with the
Formal invitation to me to attend the Hearing on 25-6-2013 in the Office of the FAA. My endeavour
to put forth the facts supported
by documentary evidence at the Hearing resulted in my receiving by hand a pre-dated (22-6-2013)
reply which again contained falsehood.
These two formalities adopted by PIO and FAA of GHMC, Circle-10 makes me consider them as DEEMED
REFUSALS.
6. PRAYER OR RELIEF SOUGHT
(i)Certified copies of the following in respect of all persons who were favoured with Ownership Rights
and/or Mutations by dividing/partitioning House No. 8-4-549/38-1 Netaji Nagar, Opp. A.G. Colony,
Erragadda, Hyderabad-18 from the date of registration on 19-5-2003 in my Name by the Court may
be supplied to me:

(a) Documents, Applications submitted,

(b) Fees and Taxes paid
(c) The File Notings etc. by which the Officials approved their applications

(ii) A comprehensive review of my Notice of Transfer of Property dated 30-3-2012 complete with all the
supporting documents
may be made with a view to decide about the merits of my Notice of Transfer. If I am found to be the rightful
owner, the
property is to be Transferred on to my name with retrospective effect. As a consequence :
(a) all permissions granted by GHMC are to be cancelled and affected persons must be declared illegal
occupants.
(b) all outstanding taxes from such illegal occupants must be recovered and credited to GHMC account, House
No.
5-4-549/38-1, PTIN No. 1100801694
the amount paid by me by way of Cheque No..239842 dated 29-3-12 towards outstanding property taxes as
on
30-3-2012 may be Credited on my name and adjusted against future property taxes of H. No. 8-4-549/38-1,
PTIN No. 1100801694
(iii)I may be compensated for the monetary losses suffered by me from the date of permission/mutation
by GHMC
to unauthorized persons.

7. GROUNDS FOR THE PRAYER OR RELIEF

The specific information sought by me in my Application dated 03-5-2012 under the provisions of RTI
Act.2005,
was denied to me. As a consequence, I am put to lot of despair and mental agony due to continued patronage of
GHMC,
Circle-10 of persons who are never supposed to be in occupation of my house Decreed, Executed and
Registered in my
name by the Court. The patronage is so obvious that the outstanding taxes paid by me were blatantly diverted,
fees paid
by me was consumed to the dust bin. The Applications, Appeals, Letters, Visits, Meetings, Phone calls have fell
on deaf
ears for as long as TWO years. The RTI ACT is publicized to be the panacea for all the corrupt activities of big
and small
officials. But my first experiments with the truth is that the most responsible officials are callous even towards
this 78 yrs.
old man, ex-serviceman, widower, living all alone with a fond home that the injustices created by the
Commissioners will
be set right by The Honourable A.P. STATE INFORMATION COMMISSION.
8. VERIFICATION BY THE APPLICANT
I, Nittala Surya Prakasam, s/o Sri N. Subbarayudu, aged 78 years, Occ, Pensioner, Indian Air Force,
resident of :15-25-558, KPHB
Colony, Road No. 1, HYDERABAD-500018 do hereby solemnly state on oath that which was stated above
is correct to the best of my
Knowledge and belief and no information is suppressed.

9. ANY OTHER INFORMATION WHICH THE COMMISSION

MAY DEEM NECESSARY FOR DECIDING THE APPEAL
(i) The legal issues in the court of law for possession of the property commenced shortly after the
registration of property in my name in 2003 and settled in my favour with the Judgement and Orders
delivered by the Court of VII SCJ CCC, Hyderabad in my E.P. No. 121 of 2008 on 7-3-2011 and
issuance of Bailiff Warrants on 06-01-12.
(ii) The various persons favoured & sheltered by GHMC, Circle-10 as OWNERS of the illegally Sub-divided
property as on 25-4-2014 are extracted from GHMC website and listed below.
House No.
8-4-549/38-1
Chq.Bounced.
8-4-549/38-1/B
8-4-549/38-1/A
8-4-549/38-1/E

PTIN No.
1100801694

TAX DUES NAME OF `owner`

36,485
P. RAMESH BABU

1100801693
1100801692
1100876197

18,983
642
1780

8-4-549/38/1-b-S2 1100879792

1792

REMARKS
Paid RS.80/24-4-02 &28-3-05

P. RAMESH BABU
SAROJA GAIKAWAD Outstanding Rs.21190/ cleared through me
P.OGESWAR &
Paid (nil outstanding)
& S.Satyanarayana
HANUTRAM KUMAVAT

10. DOCUMENTS ENCLOSED WITH THIS APPEAL : Listed at Appendix A, B & Cand attached
11. SERVICE OF NOTICEE : (i) GHMC, Circle-10 is the only party to whom this Notice is to be served.
Signed copy of this Second Appeal is being sent separately and directly to GHMC,Circle-10.
(Copies all relevant and referred documents/correspondence is held by GHMC,Circle-10)
12. FEE

: I.P.O. No.

(NITTALA SURYA PRAKASAM)

15-25-558, KPHB Colony, Road No.1
HYDERABAD 500072
DATED :
APRIL, 2014

for Rs.10/- is enclosed.

Mobile : 7382358963 and 9701209055

email ID: nittalaprakasam@gmail.com

Second Appeal : N.S. PRAKASAM : ENCLOSURES

APPENDIX A : OWNERSHIP DOCUMENTS
1, JUDGEMENT dated 28 Jan. 2002: O.S. No. 1675 of 2001
2. ORDER
dated 07 Mar.2011 E.P.121 /2008 in OS 1675/2001
3. FORM-11
dated 06 Jan.2012 Warrant to Bailiff
4. FORM-11
dated 18 Dec.2012 Warrant to Bailiff
5. SALE DEED dated 19 May.2003 Ex.VII SCJ,CCC,HYD /SRO Banjara Hills

APPENDIX- B : NOTICE OF TRANSFER OF PROPERTY

1. NOTICE OF TRANSFER OF PROPERTY DATED 30 MAR.2012 :8-4-549/38-1

2. AFFIDAVIT CUM INDEMNITY BOND DATED 30-3-2012 NOTARISED:8-4549/38-1

3. MARKET VALUE CERTIFICATE BY SRO BANJARA HILLS :8-4-549/38-1
4. SYNDICATE BANK DD No.661800 DATED 30 Mar.2012 : remitter NS
PRAKASAM
5. SBI NRO Ac 30156955358 Crossed Chq.No.239892 dtd.29-3-12 for RS.8346/PAY ; COMMISSIONER, GREATER HYDERABAD MUNICIPAL
CORPORATION
PROPERTY TAX HOUSE No.8-4-549/38-1
6. GHMC Circle-10 RECEIPT No.178658 dtd.30-3-2012 for Rs.8346
Payee:V.DASHARATH
7. Property Tax pament Summary 07 ar.2013 PTIN 1100801692 SAROJA
GAIKAWAD
8-4-549/38-1A

APPENDIX C : RTI APPLICATION & CORRESPONDENCE

DATED
FROM
TO
1. 24-03-2013 NS Prakasam Deputy Commissioner , GHMC, Circle-10 Regd.AD
2.03-05-2013 NS Prakasam
PIO, GHMC, Circle-10
SPEED
POST
3.09-05-2013 PIO & D.C.
NS Prakasam
4.14.05-2013
NS Prakasam
PIO & D.C.
5. 11-06-2013 NS Prakasam
FIRST APPELLATE AUTHORITY, GHMC
SPEED
POST
6. 22-06-2013 PIO & D.C.
NS Prakasam
7.27-06-2013
NS Prakasam
PIO & D.C.
BY HAND
8.16-11-2013
NS Prakasam
F.A.A., GHMC, Circle-10
SPEED
POST
9. 24-02-2014
NS Prakasam
k/A. Smt.K.SIVA PARVATHI FAA& Z.C.
SPEED
POST
10) 02-04-2014
NS Prakasam
k/A. Smt.K.SIVA PARVATHI FAA& Z.C.
SPEED
POST/EMAIL

THE RIGHT TO INFORMATION ACT 2005 :

DRAFT ONLY- NOT SENT
To :

First Appellate Authority, GHMC, Circle-10

Khairatabad,
HYDERABAD-500004
Copy to : A.P. State Information Commission
Second Appellate Authority
HACA Bhavan, HYDERABAD-004

Sir,
Subject : PARTICULARS IN RESPECT OF PREMISES BEARING No.8-4-549/38-1
at Borabanda Hyderabad Information Reg.
Ref.

Your Ltr. No. 465/RTI/TC10/TC10/GHMC/2014 dated 11-4-2014.

1.
To start with, I wish to draw your kind attention to my NOTICE OF TRANSFER OF PROPERTY dated 30-032012, (application CSC No.22743/02/04/2012 dtd. 02-04-2012) esp. to the following Documents submitted therewith:(a) Judgement of Hon`ble Court of VII Senior Civil Judge, City Civil Courts, Hyderabad dated 28-02-2002 in OS No.
1675 of 2001 between Sri NS Prakasam and Sri Vuppala Dasarath.
Salient Points
(i) Cause of Action arose in June 1999 (ii) Plaint numbered on 04-09-2001 : (property in dispute is sub judice).
(iii) Judgement Delivered on 28-02-2002 by which Vuppala Dasarath (Judgement Debtor) ceased to have any
legal rights over the property
(b) Sale Deed Document No. 1644 dated 19-5-2003 Executed and got Registered by the same Court.
Salient Points : I became the Legal Owner of SCHEDULE OF PROPERTY HEREBY TRNSFERRED on pages
20,21&.22 viz 8-4-549/38/1, Netaji Nagar, Erragadda, Opp. to A.G. Colony, Hyderabad. None else has any rights to
own, live, sell, partition etc.
ORDER of the same Court dated 07-03-2011 esp Clause-15 at Page-7.and Form-11: Bailiff Warrants dated
06-01-12 and 18-12-2012
With the objective of putting me in possession of the Property conforming to its ORDER, The Court directed The
Bailiff (Court Official) to evict Vuppala Dasarath, s/o. V.Sanjanna, r/o. 8-4-549/38/1, Netaji Nagar, Erragadda, Opp.
to A.G. Colony, Hyderabad and put the Decree Holder in possession of the same and you are hereby
directed/authorized to remove any person bound by the decree who may refuse to vacate the same.
The Bailiff Report dated 08-02-2012 to the Court reads ..There the Ist Floor portion was under locked and the
main gate was also locked. In ground floor, three shops are existing. They have refused to vacate and tried to manhandle
the decree holder and not to turn up again. So they could not be executed.
Thanks to the GHMC, Circle-10 for having put some cronies in possession with ownership rights, with no fear of
property tax collector & collection, even the Court Official could not dare put me in possession. As a consequence :
4. (a) As of March,2012, H.No. 8-4-549/38-1A, PTIN No. 1100801692 was in the name of V.DASHARATH with
property tax arrears of Rs.21,190/-. An amount of Rs. 8346.00 was paid by some gullible person vide Receipt

DRAFT ONLY- NOT SENT

No.178658 dated 30-03-2012. Soon thereafter on the same date the same Rs.8346/- was in the name of another Owner
Name: SAROJA GAIKAWAD against Tax Demand of only Rs.708/- for 2011-201
2. To cap it all, your letter under reference restores and bestows 2. PO. V.DASHARATH Door No. 8-4-549/38/1/A
owner status on the honourable Judgement Debtor.
b) This property tax payment transactions data indicates that SAROJA GAIKAWAD is a new entrant Owner whose
Transfer of Property application, supporting documents, affidavits, payments on account of property tax & transfer fee
must be available physically if not in the computer data base.
c) So also, P.RAMESH BABU acquired Owner status in respect of House No. 8-4-549/38-1 (incidentally, property
bearing this number was registered by the Court on my name) PTIN No. 1100801694 with property tax arrears as on 254-2014 are Rs. 36,485/As if this is not enough, the same P.RAMESH BABU is rewarded as owner of another `portion` bearing 8-4-549/38-1/B
PTIN No. 1100801693 whose outstanding property tax arrears as on 25-4-2014 are Rs.18,983 . Further, GHMC
computer data base shows that he last paid Rs.80/- on 24 APR.2002 GHMC, Circle-10 did not seem to have acted when
on 28 Mar 2005 a cheque for Rs. 1604/- bounced.
d) 8-4-549/38-1b-S2 PTIN No. 1100879792 in the name of Hanutram Kumawat seems to have been deleted from the
list of GHMC owners
4. I wonder as to how a small-two-story residential house on 115.5 sq.yds was divided and sub-divided other than by the
Legal Owner and GHMC,Circle-10 can bless, shelter and make them Owners without insisting on legally valid
documents, affidavits, EC from SRO etc. and without any obligation to pay Property Taxes for years.