High Court · 2025

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 an appropriate writ, order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents 2 and 3 ingrantingmutation/SuccessioninfavorofSthrespondentpedainingtotheland in Sy.No.513a/1t2 in an extent of Ac.O 01 gunta and land in Sy'No'520/3 to an extent of Ac.3.08 guntas situated at Anantharam Vil{age, lllanthakunta Mandal' RajannaSircillaDistrictbelongstothepetitioner,withoutfollowingdueprocessof law, as arbitrary, illegal and violative of Rights guaranteed under Article'14' 21 andArticle.300-4oftheConstitutionoflndiaandconsequentlydirectthe Respondents 2 and 3 to delete the entries of mutation in revenue record (succession if any granted) and also cancel the new pattadar passbook and title deed dated 17-01-2024 allotted in favor of sth respondent and further also direct the respondents 2 and 3 to mutate the name of the petitioner 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 suspend the entries in the revenue records made in favor of Sth respondent pertainingtothelanc|inSy.No.513a/l12inanextentofAc.0.0lguntaandlandin sy.No.520/3 to an extent of Ac.3.O8 guntas situated at Anantharam village' lllanthakunta Mandal, Rajanna sircilla District belongs to the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: SRl. P. SAJAN KUMAR Counsel forthe Respondent Nos. 1to3: SRI L. RAVINDER, AGP FoR REVENUE Counsel for the Res;pondent No.4: GP FOR HOME Counsel for the Re:;Pondent No.5:- The Court made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.572 of 2o.25 ORDER This Writ Petition is filed seeking to declare the action of respondent Nos.2 and 3 in granting mutation/ succession in favour of respondent No.5 pertaining to the land to an extent of Ac.0.01 guntas in Sy.No.S1a lll2 Sy.No.52O/3, situated at Anantharam Village, Illanthakunta and, Acs.3.08 guntas in Mandal, Rajanna-Sircilla District, without following due process of law as arbitrary, illegat and violative of the Rights guaranteed under Articles 14,21 and 3OO-A of the Constitution of India and for other appropriate re liefs.

2. It is stated that the petitioners' younger son by name Mahesh is the pattaclar arnd possessor of land to an extent of Acs.3.36 guntas in Sy-No-52O, situated at Anantharam Village, Illanthakunta Mandat, Rajanna Sircitla District. It is further stated that the younger son of the petitioners was issued pattadar pass book under the provisions of the Telahgana Rights in Land and Pattadar Passbooks Act,2O2O (for short'the Act 9 of 2O2O'l and, the said Mahesh was expired recently and as the petitioners got share in the sard property they made an application before the responclent authorities requesting 1.19 !) f I I I I I 2 CVBR, J wp 572_2025 mutate the p,roperty in the name of respondent No.5, who is the daughter-irr- law of the petitioners and wife of the 'leceased Mahesh. lt is further stated that the petitioners are also having share in th,e estate of their deceased son therefore mutating the entire property and consequently issuance of pa[ta<lirr pass book in favorrr of respondent No.S is not in accordancc rvith the provisions o[ the Act 9 of 2O2O. It is further statcd lhat the procedure ra.rlopted by respondent No.3 is contrarn to St:ction 6 of the Act 9 <tf 2O2O.

3. Consiclered the submissions of the learned counsel lor the petitioners, Sri L.Ravinder, learned Assistanl ('iovt'rnment Pleader for l?evenue appearing for respondent Nos. 1 ro 3 and lhe learnecl Assistant Government Pleader for I{ome a 1 ,pearing for responctent No.4 and with their consent, this u rrt pc trtion is disposed at 1.he admission stage. In vieu' of Lhc trat rtr:: o[ relicf sought for in this writ petition issuance of not icr: to the unofficial res;pondent is dispensed with. 4 . Admitl-edly, the petitioners are claiming t hc subjcct property as; :iuccessors of their deceased son Mahestr. There is no dispute that as per the Hindu Successiott Ac:t, 195(r. mother is entitled 1-o a share in the estate of her deceascci son rLrrd if the .,/ // J CVBR, J wp 572JO25 petilioners are having any grievance that the respondent authorities without taking into consideration of their right and entitlement in the property held by their deceased son, who is the husband of respondent No.S, they are entitled to institute appropriate suit before the competent civil Court. Therefore, this Court deems it appropriate to dispose of this Writ petition permitting the petitioners to institute a declaration suit before the competent civil Court declaring rhat they are having share in the estate of their deceased son. Alter obtaining decree in a declaratory suit, the petitioners are entrtled to make appropriate application before the respondent authorities seeking for mutation and for consequential issuance of pattadar passbook in terms of the orders of the civil Court.

5. With the above observations, th is Writ peti[ion is disposed of. There shall be no order as to costs.

6. As a sequel, the miscellaneous peti[ions pending, if aly, shall stand closed SD/.T.JAYASREE ASSIST NT REGISTRAR //TRUE COPY// CTION OFFICER To, 1 . The Principal Secretary, Department of Revenue' Telanoana Sdcretariat at Hyderabad.' -. . . . 2. The Dhtrict Collector, Raianna sircilla Drs[flct'.. -. ;: iii;f;ti;iidat, eoiirpati ]rlandal, Rajanna sircilla District' ;. +il; 'S6tr"'" nJii,i-J omcer, lllahthakunta Police station, tllanthakunta, s ffi5'f66"6iil. p. bAinu KUMAR, Advocate tgPu-cl 6. Two CCs to Gp FOR iEVL"NLji ,riigh Cortt'for thd State of Telangana at I Raianna Sircilla District. Hyderabad [OUTI Dr.B.R.Ambedkar

7. Two CCs to GP FOR HOME High Court for the State of Telangana, at Hyderabad [OUTI

8. Two CD Copies / B M /BSK ?* ( I ) J I 1 I I i I I I I I I I t I I I l I I I i i I I I i ! ! I l j i i HIGH COURT \ t DATED:ollo'ltzozs \ I l s i4I(' ( ,.-.^ ,''{i,n' /'\ ' e ,i) 1 (-) 0 li fiAn 2025 ',''tY* Dr 5r )/'.-i cY.\ {+ c * ORDER WP.No.572 at 2025 DISPOSING OF THE WRIT PETITION WITHOUT CI)STS