High Court · 2025
Case Details
Acts & Sections
Smt. Hundekar Kal Housewife FYo. H. District. AND pana, W/o Late Hundekar Shanth Kumar, aged 38 years, Occ; No.2-17, Malchalma Village, Zaheerabad Mandal, Sangareddy .....PETITIONER
1. The State of Telangana, Represented by its Principal Secretary lr,4unicipal Administration and Urban Development, Secretariat Buildings, Hyderabad. 2. f he Zaheerabad Municipality, Represented by its Commissioner Zaheerabad, Sa ngareddy District. ,...,RESPONDENTS Petrtion Under Article 226 of the Constitutron 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 or any other appropriate order declaring the in-action of the 2nd respondent, in not mutating, the House bearing No.5-6-146/'180/C/1 Assessment No.'1 114008470, admeasuring '1 16.00 sq.yards, situated at Hamali Colony, and House bearing No.5-3-34, Assessment No.1114005752, admeasuring 83.33 sq.yards, situated at Zaheerabad Town and Mandal, Sangareddy District, pursuant to the Mutation application Nos.1 000630085 and No.1000630086 as illegal, arbitrary and in violation of principles of natural justice, and contrary to the provisions of Telangana Municipality Act, in violation of Article 21 and 300-A of the Constitution of India, consequently, to direct the respondents to mutate the same in petitioner's name. |.A.NO:1 OF 2025 petition Under Section i 51 cpc praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be Oleasld to direct the Respondents, to mutate in petitioner's name in respect of House bearing No.5-6-146/180/C/1 Assessment No'11'14008470' admeasuring 116'00 sq.yards, situated at Hamali Colony' and House bearing No'5-3-34' Assessment No.,1 1 14005752, admeasuring 83.33 sq.yards, situated at, Zaheerabad Town and Mandal, sangareddy District' pursuant to tvlutation application Nos l000630035 and No.1000630086, as otherwise petitioner stand to suffer serious hardship and irreParable loss and injurY' Counsel for the Petitioner : SRI N'MANOHAR Counsel for the Respondent No'1 : GP FOR MCPL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No'2 : SRI PUTTA KRISHNA REDDY The Court made the following ORDER HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITI ON No.6727 0F 202s ORAL ORDER Heard learned counsel for the petitioner' learned Assistant Government Pleader for Municipal Administration and Urban Development for respondent No 1 and Mr'Putta t(rishna Reddy, Iearned Standing Counsel for respondent No.2
2. According to petitioner, her husband late Hundekar Shanth Kumar, purchased the Gramakantam House bearing M.C.No.5-6-1 46/I8O/C/l' Assessment No'1114008470' admeasuring total extent of plot area 1044'00 square feets' or say 116.00 square yards, or say 96'99 square meters' constructed piinth area with roof covered RCC is 300'00 square feets, \'ith an open area 744'OO square feets' situated atHamaliColony,undertheMunicipalityLimitsof ZaheerabadTownandMandal,SangareddyDistrict,(T.S), under a registered sale deed bearing dopument No'9391 of 2022, d,aled l3.lO'2O22' He has also purchased the house bearing M'C.NoF-3-34, vide Assessment No' 1114005752' r 2 L l admeasuring area which is equivalent to 83'33 square yards (or) 750.Oo square feets (or) 69.67 square meters, having plinth area at ground floor 750.00 square feets' roof covered with "RCC" and plinth area at first floor 94 18 square feets, roof covercd rvith "Tin Shed", total built up area (G ' F + F' F 844. 18 square feets) open area (nil) situated at "Shanthi Nagar Stree t" Zaheerabad Town and Mandal, Sangareddy District, under a registered sale deed document No'7351 of 2023, dafed. 21.08.2023. He died on 23.09.224' Thereafter, the petitioner succeeded the said properfy. In proof of the sarne, she has filed copies of the aforesaid sale deeds and death certificate of her husband issued by respondent No'2' Thereafter, she has submitted an application dated I 1.01.2025 to respondent No.2 vvith a request to mutate l-ler name u'ith the municipal records with regard to the aforesaid property. Despite receiving and acknowledging the said application, respondent No.2 did not act upon the same- Aggrieved by the said inaction of respondent No'2, the petitioner filed the present writ petition.
3. Mr.Putta Krishna Reddy' learned Standing Counsel for respondent No'2, on instructions' would submit that petitioner has to submit legal heir certificate along with the said application to enable respondent No'2 to mutate the name of the petitioner in municipal records with regard to the said property' However' having received the said application No'2 ought to have informed dated 1 l'01 '2[2s'respondent the said fact and about the requirements to be submitted by the petitioner for mutation of her name in the municipal records with regard to the aforesaid proPerties instead of keeping the said application pending' ln the light of the said submission' this Writ Petition is 4. disposed of, directing respondent No 2 to consider the appiication dated 11'01'225 submitted by the petitioner' If respondent No'2 is not inclined to accePt the request made by the petitioner, he shall assign specific reasons' pass reasoned order and communicate the same to the petitioner' However' he sha1l complete the said exercise within four (4) weeks from the date of receiPt of a coPY of this Order' In the there shall be no order as to costs' circumstances of the case' u-//2 J As a sequel thereto, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed. //TRUE COPYII ASSIS sD/-A.V.s.PRASAO T REGI STRAR \ To SA C.IP ,O,b '1. The principal Se Secretariat Build cretary, Muni ings, State of Tela Administration and Urban ngana at Hydera District.
2. The Commissi oner, Zaheerabad Municipality, Zah eerabad. Sangareddy 3. Two CCs to Gp FOR MCPL ADMN AND URBAN D EV ELOPMENT, High Court for the Sta te of Telangana at H yderabad [OU One CC to SRI N.MANOHAR, Advoc ate [oPUC] One CC to SRt PUTTA K RISHNA RED DY, Advocate (OpUC) Two CD Copies bad.
6. CTION OFFICER Development, L HIGH COURT DATED:0610312025 ORDER WP.No,6727 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. (rt'*t' W IHE s 14 I(: Y ,? -J3 21 ltAB ?m oGspalc ret0