High Court · 2025

PetitiOn under Artlcle 226 of the Constitution of lndia praying that in the circumstancgs stated iQ the affidavit filed therewith, the High Court may be pleased (i) igsue a Writ of Mandainus or any other appropriate Writ, Order or Orders, Direetion pr Ditections to declare and setting aside the impugned Endorsemeni vide Lr.Np.B,1102412024, dt.28.10.2024 issued by the 4th Respondent.as illegal, arbitrary, ultr:a vires of secl 5 of Hindu SucceFssion Act.14, 21 and 30Q-A of the Constitution of lndia and to consequently direct the Resporidentg io fo(hwith Mutate the lands admeasuring at (1) Sy.No,41, Ac.07 p6 Gts, (2) Sy.No.44l1/3. Ac.03.30 Gts, (3) Sy No 85/aa, Ac.08.03 Gts, (4) Sy.No 90/aa, Ac.00.04 Gts, (5) Sy No.93/aa, Ac.01.03 Gts, totalling Ac.20.06, situated at Polkampally Village, Vangoor Mandai, Nagarkurnool Distriot in favour of Writ Petitioner lA NO: 1 OF 202s 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 issue an interim directions to the Sth Resp._ondent nol to alienate the land$ admeasuring at (1) SJ No.41, Ac 07 06 Gts (2)'qy.No.4411l3, Ac 03.30 Gts (3) Sy.No B5/eal Ac.0_8.03 Gts, (a) Sy.No.90/aa 49.0004 ets, 1gy SyNog3iaa,'ncbr.Oe Oti, lotalling Ac.20.06, situated at Polkampally [illage, Valgoor Mandal, Nagarkurnool District, pending disposal of pregent Writ Fetiiio-n IANO:2OF2 02s ., ...tuti1]_orll u.nder Sestion 1F1 CPq prayiqg thal in the circumstpnses stated ir1 theaffidevit.filed iq 5uppgrt of fhe Bqfitign. thH High Court may be pleased to iqsue 3n.lnt1fjl^glSI of sll psqqeegfngq pulsuant to the imppgnep En{srsemenr vide Lr.No 8102412024, dt.28.10 2024 issued by the 4th Reiponoint pending disposal of presint Writ Petition Counssl fol lhe Pptitioneq: SRt. A I,AXMAN Counse! for fhe Respor!flgnt Ngs.1 tg 4: SRI t. RAVTNOER AGp FOR REVENUE CounsgJ fo1 l!9 Reqportdent No.5; rr. The cgyrt qflCe the folowinEr oBETFR ( l HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No. ll9l0 of2O25 ORDER: This Writ Petition is hled seeking the following reliet_ "...issue a writ of mandamus or any other appropriate writ, order or orders, direction or directions to declare and setting aside the impugrred endorsement uicle Lr .No.B / lO24 /2024, dated 28.10.2O24, issued by respondent No.4 as i1leg4., arbitrary, ultra virus/vires of Section 15 of the Hindu Succession Act, 1956, Articles L4, 21 and, 3OO_A of the Constitution of India and to consequently direct the respondents to forthwith mutate the lands admeasuring Ac.O7 .06 guntas in Sy.No.4 1; Acs.O3.3O guntas in Sy.No.44/ 1/3; Acs.O8.O3 guntas in Sy_No.85/aa; Ac.OO.O4 guntas in Sy.No.9O/aa and Ac.O 1.03 guntas in Sy.No.93/aa, totalling to Acs.2O.O6 guntas, situated at polkampally Village, Vangoor Mandal, Nagarkurnool District in favour of the petitioner and pass such other orders...,,

2. It is stated that the petitioner married one Shoba Rani @ Shoba Reddy on 07.06.19T9 as per the Hindu Rites and Customs and he has taken as an illatom son-in-law. It is further stated that, after their marriage, his parents-in-law died and his wife became the owner of the aforesaid property. It is further stated that, due to disputes, his wife fiied a case under Section 49g_A of IPC and Sections 4 and 6 of the Dowry prohibition Act, 196l uid_e C.C.No.28O of 2OOl on the file of the XIII Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad and the said ,/ ./ / / 2 CVBR, J Wp ll9t0 2025 case ended in acquittal on 16.03.2O06. It is further stated that his wife died on 16.07.2O24 in a road accident as issueless and except himself, there are no other legal heirs to succeed to the above property as per Section 15 (1) (a) of the Hindu Succession Act,

1956. It is further stated that, basing on the ex parte order passed in O.P.No.844 of 2000, dated 05.12.2002 on the hle of the Family Court,. Hyderabad, the respondent authorities are trying to issue succession in favour of respondent No.5. Therefore, the pe[itioner made an application through Dharani Portal, which was rejected uide impugned endorsement, dated 2a.rc.2o24. Hence, this writ petition.

3. Considered the submissions made by the learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1 to 3 and with their consent, this writ petition is bding disposed of at the admission stage. In view of the relief sought for in this writ petition, issuance of notice to respondent No.5 is dispensed with.

4. : A careful perusal of the impugned endorsement wouid reveal that l there are family disputes between the petitioner and respotdent No.5. Relying upon tLre ex parte decree in O.P.No.8B4 of 20OO, respondent No.5 is making efforts to mutate the subject \ 3 CVBR, J Wp I 1910 2025 property in his name and trying to create third party interest over the same. The grievance of the petitioner is that, if the name of respondent No.S is mutated, he would be put to great hardship for enjoying the subject property.

5. This Court has carefully considered the reasons assigned in the impugned endorsement, which does not suffer from any legal infirmities warranting interference by this Court in exercising its jurisdiction under Article 226 of the Constitution of Jndia. However, since the petitioner is claiming righ ts over the subject property and if he has any right over the subject properry, this Court deems it appropriate to dispose of the writ petition, directing the petitioner to avail the remedies before the civil Court seeking for mutation of his name in the revenue records.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs

7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SD/-MOHD, ISMAIL EPUTY REGISTRAR SECTION OFFICE To, 1 2 ) 4 4 The Principal Secretary, Department of Revenue' at Secretariat' Hyderabad' The District Collector, Nagarkurnool District, Telangana State' lndia' TheRevenueDivisionalofficer,KalwakurlhyDivision,NagarkurnoolDistrict, Telangana State, lndia. The Tahsildar - Cum -Joint Sub-Registrar, Vangoor Mandal' Npgarkurnool District, TelanganS State, lndia one p.c_to ![! A_IfIUAN Advocate toPUCl b Two CCs to GP FQR REVENUE 'High Cou( for the State of Telangana Two CD CoPies 7 KKS BS w HIGH COURT DATED:2210412025 ) ) ORDER WP.No.11910 ot 2025 oTAISe ( ,)a $ 5 l\[\ u6 o ':." .ts P,^:i C \r") DISPOSING THE WRIT PETITION WITHOUT COSTS /f-