The High Court · 2025
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. Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the Respondent No.3 in considering the Representation, dated 13.12.2024 for mutation of property, which obtained through Will, Dated 15.06.2022 in respect of the House bearing No. 4-42-256, constructed on Plot NO. 256, in Sy. No. 348 to 351, 352lPart,357lPar1 and 358/Part, admeasuring 1'15.16 sq. Yards., or 96.28 sq. Mtrs., having its plinth area of 388 sq.ft., situated at Asbestors Hills Colony, Jagadgirigutta, Kukatpally Circle, Medchal Malkajgiri District, as illegal, arbitrary and unconstitutional and consequentially direct the Respondent No.3 to consider the Representation, Daled 13.12.2024 for mutation of subject property. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass interim directions on the Respondent No.3 to consider the Representation, Dated 13.12.2024 for mutation in respect of the House bearing No. 4-42-256, constructed on Plot NO. 256, in Sy. No. 348 to 3S1, 312lpart,357ipart and 358/Part, admeasuring 115.16 sq. Yards., or 96.28 sq. Mtrs., having its plinth area of 388 sq.ft., situated at Asbestors Hills Colony, Jagadgirigutta, Kukatpally Circle, Medchal Malkajgiri District. Counsel for the Petitioner : SRI M.JAYAPAL REDDY Counsel for the Respondent No.1 : GP FOR MCPL ADMN URBAN DEV Counsel for the Respondents No.2&3 :SRI RAVI MAHENDER, SC FOR GHMC The Court made the following: ORDER t 1' II / HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.189 of 2025 ORDER: Heard learned counsel appearing for the petitioner and Sri K. Ravi Mahender, learned Standing counsel appearing for respondent Nos.2 and 3. Perused the record.
2. Petitioner is claiming that he is the absolute owner and possessor of house bearing No.4-42-256, plot No.256, in Sy.Nos.348 to 351, 352/part, 357/part and 358/part, admeasuring 115.16 Sq. yards at Asbestos Hills Colony, Jagadgirigutta, Balanagar mandal, Kukatpally village and Municipality, Ranga Reddy district, on the strength of a registered will deed bearing document No.Si24 of 2OO5 dated 30.06.2005 executed by his maternal grandfather viz., Sri Kaparthi Narsimhaiah Laxminarayana, S/o.K. Narsiah. He has also filed letter of allotment, dated 3O.06.2005 issued by / KL,J W.P.No.la9 of 2025 2 M/s.Hyderabad Industries Limited in favour of his maternal grandfather allotting the subject propert5r in his favour. Therefore, petitioner has submitted a iepresentation, dated L3.12.2O24 to respondent No.3 with a request to mutate his name in the MunicipaJ records in respect of the subject propert5r. Despite receiving and acknowledging the said representation, respondent No.3 did not act upon the sarne. Aggrieved by the said inaction of respondent No.3, petitioner fited the present writ petition.
3. Whereas, Sri K. Ravi Mahender, learned Standing counsel appearing lor respondent Nos.2 and 3 ,on instructions, would submit that the will deed is dated 15.06.2022 and franking on the subject plot 12.08.2024. Therefore, according to him, the said will deed is created for the purpose of grabbing the subject property. 1S .r. j / / KL,J W.P.No.189 of 2025 ,) /
4. However, having received the said representation dated 13. 12.2024, respondent No.3 should have disposed of the said representation instead of keeping it pending'
5. As rightly contended by the learned Standing counsel appearing for respondent Nos.2 and 3, perusal of the said will deed would reveal that it is dated L5.06.2022. Petitioner's maternal grandfather viz', Sri Kaparthi Narsimhaiah Laxminarayana, S/o'K' Narsiah died on O2.O9.2O23 and franking on the will deed is dated 12.08.2024. However, it is for respondent No'3 to consider the said aspect while considering the aforesaid representation made by the petitioner on 13'O2'2024' In the light of the said submission, this writ petition
6. is disposed of directing respondent No.3 to consider the representation dated 13.O4.2024 submitted by the \ \ petitioner seeking mutation of his name in the Municipal records in respect of the subject property and also the aforesaid aspects, strictty in accordance with the l I KL,J W.P.No. la9 of 2025 .1 procedure laid down under law. If, respondent No.3 is not inclined to accept the request made by the petitioner he shall pass an order assign specific reasons and communicate copy of the said order to the petitioner herein. He shall complete the said exercise within a period of four (4) weeks from the date of receipt of a copy of this order. Petitioner shall appear before respondent No.3 along with all relevant documents including the original will deed, allotment letter, Death Certificate of his maternal graldfather and other documents. Respondent No.3 shall consider the same. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. SD/- V.KAVITHA ASSISTANT REGISTRAR \ To, //TRUE COPY// SE TION OFFICER 'l . The Principal Secretary, Municipal Administration and Urban Department, State of Telangana, Telangana Secretariat, Hyderabad.
2. The Commissioner, Greater Hyderabad Municipal Corporation, 0/o. Beside BRK Bhavan, Lower Tank Bund, Hyderabad.
3. The Office of Deputy Commissioner, Greater Hyderabad Municipal Corporation, Kukatpally Circle, Kapra, Hyderabad. 4 One CC to SRI M.JAYAPAL REDDY, Advocate. [OPUC] 5 Two CCs to GP FOR MCPL ADMN URBAN DEV, High Court for the State of Telangana. [OUT] One CC to SRI K.RAVI MAHENDER, SC FOR GHMC. [OPUC] b 7 Two CD Copies. BSK PSK o HIGH COURT DATED:0310112025 ', I '?r ( l 1 HE s14 ,€ 0 / FEB 2025 I v t;) i t !)i pa;c\\c(j * ORDER WP.No.189 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \b .il/-