Telangana High Court
WRIT PETITION 38641 of 2022 on 15 March 1976
IN THE HIGH COURT FOR [THE STATE ][OF ][TELANGANA]AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTIETH DAY OF OCTOBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN [REDDY]
wRIT PETITION NO: 38641 OF 2022
Between:
1. Sri Mir Sahebzada Khursheed Ali Khan, S/o Late Yousuf [Ali, ][Aged ][about ][42]years, Occ. Business, Rl/o H.NO 18-1-4231113150, - _Phool Qa.gh,Chandrayangutta, Hyderabad, Rep by [his ][GPA ][holders. ][Sri ][[\rlohammed ][Asif]Jani, S/ci Mohammeld Suleman, Aged about [36 ][years, ][Occ. ][Business, ][Rl/o]H.NO 16-1 ['1, ]Mohammed Nagar, Kandukur [Mandal, Ranga ][Reddy District.]years, Occ. Business, Rl/o H.NO 18-1-4231113150, - _Phool Qa.gh,Chandrayangutta, Hyderabad, Rep by [his ][GPA ][holders. ][Sri ][[\rlohammed ][Asif]Jani, S/ci Mohammeld Suleman, Aged about [36 ][years, ][Occ. ][Business, ][Rl/o]H.NO 16-1 ['1, ]Mohammed Nagar, Kandukur [Mandal, Ranga ][Reddy District.]2. IVloahmmed Hassan Uddin, S/o Late [Arlohammed ][Waliuddin, ][Aged ][about ][50]years, Occ. Business, Fl/o H.NO 19-2-21lMlN, 9A, KalPattar, Charminar,Hyderabad.years, Occ. Business, Fl/o H.NO 19-2-21lMlN, 9A, KalPattar, Charminar,Hyderabad.
...PETITIONERS
AND
't.The State of Telangana, Rep. by its [Principal ][Secretary,]RevenueDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.2The District Collector, Rangareddy District.3The Tahsildar, Maheshwaram lvlandal, [Rangareddy ][District.]3The Tahsildar, Maheshwaram lvlandal, [Rangareddy ][District.]
...RESPONDENTS
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Petition under Article 226 of the [Constitution ][of ][lndia ][praying ][that ][in ][the]circumstances stated in the affidavit filed [therewith, ][the ][High Court ][may ][be]pleased to issue any order or direction writ or writs more [pa(icularly ][on ][in ][the]nature of WRIT OF IVIANDAMUS declaring [the ][action ][of the ][respondents ][No.2]and 3 in not receiving, and not mutating the [name ][of ][the ][petitioner in respect ][of]land bearing Sy.No. 181 admeasuring Ac. [40.33 ][gts ][and ][in ][Sy.NO ]['182]admeasuring Ac 10-29 Gts., total [admeasuring 51-22 ][Gts., ][situated ][at ][Nagaram]Village, Maheshwaram Mandal, Ranga Reddy [District, ][is ][illegal, ][arbitrary ][and]violative of Articles 14,21 and 300-4 of constitution [of ][lndia, ][besides violative ][of]principles of natural justice and consequently direct the respondent [No.2 ][and ][3 to]forthwith receive the application for mutation [and ][mutate ][the ][name ][of ][the]
petitioner in respect of land bearing Sy.No. '181 admeasuring, Ac. 40.33 gts andin Sy.NO 182 admeasuring Ac ['10-29 ]Gts., total admeasuring 51-22 Gts., situatedat Nagaram Village, I\4aheshwaram Mandal, Ranga Reddy District.in Sy.NO 182 admeasuring Ac ['10-29 ]Gts., total admeasuring 51-22 Gts., situatedat Nagaram Village, I\4aheshwaram Mandal, Ranga Reddy District.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased todirect the respondent No.2 and 3 to forthwith receive, the application for mutationand mutate the name of the petitioners in respect of land bearing Sy.No. ['181]admeasuring Ac. 40.33 gts and in Sy.No. 182 admeasuring Ac 10-29 Gts., totaladmeasuring 51-22 Gts., situated at Nagaram Village, [Vlaheshwaram Mandal,Ranga Reddy District, pending Disposal of the Writ Petition.
lA NO: 1 OF 2023
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Conclusion
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased topermit Petitioner to amend the pleadings in para 3 of the Affidavit as under: lt issubmitted that the Petitioner is the grandson of Sahebzada I\Iir Riyasath Ali Khanand Sahebzadi Diawar Unnisa Begum- The grandmother of the Pelitioner is theabsolute owner and possessor of land admeasuring Ac 40-33gts, in Sy. No. 181and land admeasuring Ac [',l0-29 ]gts, total admeasuring 51-22 gts situated atNagaram Village, Maheshwaram [\/andal, Ranga Reddy District, havingpurchased the same under Registered Sale Deed No. 102811976, dt: 15-03-1976.It is also necessary to submit that, the vendor of the Petitioners grandmother SriHazi Ali Khans name is being recorded in the Revenue Records.
Counsel for the Petitioner : SRI T.SRUJAN KUMAR REDDY
Counsel for the Respondents: GP FOR REVENUE
The Court made the following: ORDER
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.38641OF 2022
ORDER: (ORAL)
This writ petition is filed aggrieved by action of respondents No.2 and 3 in not receiving petitioner's application and not mutatingthe name of the petitioner in respect of land admeasuringAcs.40-33 guntas in Survey No. l8l and Acs.10-29 guntas in SurveyNo. 182, totally admeasuring Acs.5 [1 ]-22 guntas, situated at NagaramVillage, Maheshwaram Mandal, Ranga Reddy District.
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2. It is stated is stated that originally originally grandmother of petitioner of petitioner petitioner No.l bybyname Mrs.Sahabzadi Diawar Unnisa Begum was the owner andpossessor of the subject lands having purchased the same underregistered sale deed bearing document No.1028 of 1976, dated15.03.1976 from previous owner. Mrs.Sahabzadi Diawar UnnisaBegum, grandmother of Petitioner No.I executed a registered willdeed bearing file No.169/01 bequeathing all her properties includingthe subject lands and thus petitioner No.l succeeded to the [properties]of his grandmother including the subject lands. It is stated thatpetitioner No. 1 approached respondents No.2 and 3 for mutation of his It is stated is stated that originally originally grandmother of petitioner of petitioner petitioner No.l byby i , name in the revenue records in respect of the subject lands butpetitioner did not receive any response. Petitioner No. I made anattempt to submit online applications through Mee-seva but the samewas not accepted. As there is no action on the part of respondents,petitioners are constrained to approach this Court.petitioners are constrained to approach this Court.
3. Heard learned counsel for the petitioners and leamed AssistantGovernment Pleader for Revenue and perused the material available onrecord.
4. Learned Assistant Government Pleader for Revenue submittedthat petitioner No.l is required to submit Dharani application formutation of his name in the revenue records in respect of the subjectlands.
5. In view of the above, the writ petition is disposed of directing petitioner No. 1 to submit Dharani application for mutating his name inthe revenue records in respect of land admeasuring Acs.40-33 guntasin Survey No. 181 and Acs. 10-29 guntas in Survey No.lg2, totallyadmeasuring Acs.5l-22 guntas, situated at Nagaram Village,Maheshwaram Mandal, Ranga Reddy District Acs.40-33 guntas inSurvey No.181 and Acs.10-29 guntas in Survey No.1g2, totaly
admeasuring Acs.51-22 guntas, situated at Nagaram Village,Maheshwaram Mandal, Ranga Reddy District, and on such application,respondents No.2 and 3 are directed to take necessary action to disposeof the same, in accordance with law by issuing notice to all theinterested/concemed persons, within a period of forty five [(45) ]daysfrom the date of receipt of a copy of this order. There shall be no orderas to costs.
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As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
SD/.A.V.S. [PRASAD]ASSISTANT [REGISTRAR]
Note:
That the First [to eighth line in ][Para ][No'2 ][at];';:,' N;:i' ;; [am-ended ][and substituted']Il'Liii',"-ii'-J"i [of ][ttt" ][Hon'ble court']Z-*[i zi [-oz-zoo7 ][i ][n ][l'A' ][No' ][1 ][/24']
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HIGH COURT
DATED:201101202327102t2024
AMENDED ORDER
WP.No.38641 ot 2022
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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