WP/46404/2022 of Smt.Bibi Tahera Vs The State of Telangana on 29 December 2022

1. The State of Telangana, Rep. by its Principal Secretary, RevenueDepartment, Telangana Secretariat, Hyderabad.Department, Telangana Secretariat, Hyderabad.

The District Collector, Sangareddy, Sangareddy District.

2. J.The Revenue Divlsional Officer, Narayankhed Revenue Division, SangareddyDistrict.District.

4. The Tahsildar Officer, Kalhera Mandal, Sangareddy District.

.,.RESPONDENTS

Petition under Article 226 oI lhe Constitution of lndia [praying ]that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ, order or direction more particularly one in the nature ofWRIT OF MANDAMUS to declare the action of the respondents in not issuing thesuccession proceedings in favour of the ,{'t [petitioner ]from her husband [late]Mohammed Hussain in respect of the lands in [Sy.No.89/A ]to an extent of [Ac.0.1B]Gts., in Sy.No.9O/A to an extent of Ac.0.06 [Gts., ]in Sy.No.92lA [to ][an ][extent ][of]Ac.O.22 Gts., in Sy.No.229lEl to an extent [of ][Ac.0.31 Gts., ][in ][Sy.No.232lA2 ][to]an extent of Ac.0.30 Gts. in Sy.No.232lE3 to an extent of Ac.0.23 [Gts., ][in]Sy.No.445lAl to an extent o'f Ac.O.21 Gts., with Khata No.417, situated [at]Munigepalli Village, Kalhera Mandal, Sangareddy District to enable her for execution of the sale in favour of the petitioner 2lc 4 as illegal and arbitrary, nulland void and agrlins: the procedure of Telangana ROR Act, 2020 andconsequently direct the respondents to issue the succession proceedings infavour of the 1'r petitioner in respect of the above land to enable her to executethe sale .deed in fa'rour of Petitioners No.2 to 4

lA NO: 1 OF 2022

Petition undr:r Sectron 151 CPC praying that in the circumstances statedin the affidavit filec in support of the petition, the High Court may be [pleased ]todirect the 2ndrespondent to consider the request of the 1st petitioner for issuingsuccession [proceeCings ]from her husband in respect of the lands in Sy.No.B9/Ato an extent of A:.C.'1 B Gts., in Sy.No.90/A to an extent of Ac.0.06 Gts., inSy No.92lA to an e,xtent of Ac.O.22 Gts., in Sy.No.229lE1 to an extent of Ac.0.31Gts., in Sy.No.23242 to an extent of Ac.0.30 Gts. in Sy.No 2321E3 to an extentof Ac.0.23 Gts., in Sy No 445/Al to an extent of Ac.0.21 Gts , with Khata No.417,situated at Munigepalli Village, Kalhera Mandal, Sangareddy District, as per theMee Seva application No AA10895156, 108951518, pending disposal of the WritPetition Counsel for the Petitioners: M/s J KANAKAIAH

Counsel for the R,-"spondents 1 to 4: AGP FOR REVENUE

The Court made the following: ORDER

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HON'BLE SRI JUSTICE K. LAKSHMAN

WRIT PETITION No.464O4 of 2022

ORDER;

Heard leamed counsel for the petitioners and leamedAssistant Government Pleader for Revenue.

2, According to the 1't petitioner, her husband lateMohammed Hussain was the absolute owner and possessor of landadmeasuring Ac.0-18 gts in Sy.No.89/A, Ac.0-06 gts in Sy.No.90lA,Ac.0-22 gts in Sy.No.9llA, Ac.0-31 gts in Sy.No.229lE1, Ac.0-30 gtsin Sy.No.232/A2, Ac.0-23 gtslnSy.No.232l83, Ac.0-2i gts1nSy.No.445lA1, total admeasuring Ac.3-3 I gts, situated at MunigepalliVillage, Kalhera Mandal, Sangareddy District. In proof of the same,she has filed copies of latest Pattadar passbook and title deed. Herhusband died on 15.04.2021. She has submitted online applicationNo.CI2200070843 dated 22.12.2022 with respondent No.4 with arequest to issue succession proceedings. Despite receiving andacknowledging the said application, respondent No.4 did not act uponthe same. Therefore, the present Writ Petition.

3. As stated above, I " petitioner herein had submittedaforesaid online application on 22.12.2022 and without [giving]

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breathing tirne to the respondent No.4, 1" petitioner along with otherpetitioners h,rvc t.iled present Writ Petition. Sri Jalli Kanakaiah,learned colrrrsc I for the petitioners submits that husband ol I'1petitioner ha:r (rtered into agreement of sale in respect of subjectproperty with pctitioners 2 to 4.

4. ln i'reu of the aforesaid discussion, this Writ Petition isdisposed of dilccting respondent No.4 to consider the onlineapplicatiorr No.t-112200070843 dated 22.12.2022 filed by the petitionerstrictly in ar;cordance with law by putting the petitioners and allallected paflic: or.r notice and affording them an opporlunity ofhearing. tk sh:rll cornplete the said exercise as expeditiously aspossible. ['fhere ]shall be no order as to costs.

As a s,:qru'|, the miscellaneous petitions, if any, pending in theWrit Petition shall stand closed.

SD/.I.NAGALAKSHMIDEPUTY REGISTRAR,TRUE COPY//SECTION OFFICER

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To,1 . The [Princip ][al Secretary, Revenue Department, Telangana Secretariat' State]of Telanoara. Hvderabad.tta I R: e*m,: ["J ][:,"J:J*i5$il;l ][i[,.:?:fl ][?il'"1'{3,j3}{11,,,", ]n, s a n s a [red ][d ]v" District.a ine fifrsitaar Officer, Kalhera [Mandal, Sangareddy District']5 One CC to SRI J [KANAKAIAH Advocate ]IOPUC]6 i;; CCs to GP FoR [REVENUE ],High [Court ][for ][the State of Telangana ][at]Hyderabad [OIJT]7. Two CD CopiesEDS1 . The [Princip ][al Secretary, Revenue Department, Telangana Secretariat' State]of Telanoara. Hvderabad.tta I R: e*m,: ["J ][:,"J:J*i5$il;l ][i[,.:?:fl ][?il'"1'{3,j3}{11,,,", ]n, s a n s a [red ][d ]v" District.a ine fifrsitaar Officer, Kalhera [Mandal, Sangareddy District']5 One CC to SRI J [KANAKAIAH Advocate ]IOPUC]6 i;; CCs to GP FoR [REVENUE ],High [Court ][for ][the State of Telangana ][at]Hyderabad [OIJT]7. Two CD CopiesEDS

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HIGH COUR]'

DAT E D : 2 9 I 1 tl. l',l,)22

ORDERWP.No.46404 of 2022

DISPOSING OF THE WRIT PETITIONWITHOUT C:CISTS.s€

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