Smt. Domakonda Devalaxmi v. 1. The State of Telangana

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 impugned notice No.D1/1 47912025, dt.2g-3-2125 issued by respondent No.2 directing the petitioner to appear before 2nd respondent for enquiry on petition filed by the unofficial respondent No.4 for cancellation of succession of the petitioner's land pending writ petition in the interest of jus(ice. Counsel for the Petitioner: SRI GANDYADAPU RAJESHAM Counsel forthe Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: The Court made the following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.12317 of2025 ORDER: This writ petition is hled seeking following relief: "For the reasons stated in the accompanying afhdavit,'it is hereby prayed that this Hon'ble Court may be pleased to issue an order or direction, more particularly in the nature of Writ of Mandamus questioning impugned notice No.Dl l1479l2O25, dt.29-3-2}25 issued by respondent No.2 directing the petitioner to appear before 2"d respondent for enquiry on petition filed by the unofficiat respondent No.4 for cancellation of succession of the petltioner's land total an extent o[ Ac-3-33 guntas in Sy.No.3l/D (0.0050), 31/E (0.0400), 32lElEE (o.osso), 223lEElA, (0.2700); 223lu (0.0s00) , 223/ut, (0.0s00), 223|U lt "17oo), 226lAA|U (o.1900), 226/AAIR (0.0200), and 23o(0.28o0) situated at Kothapalle village, Gambhiraopet Mandal, Rajanna Sircrlla District is illegal and arbitrary and declare that 2ud respondent has no jurisdiction to entertain the petition and set-aside the same and pass such other order or orders as deemed ht in the circumstance of the case and in the interest of justice."

2. It is stated that the husband of the petitioner late Sri Domakonda Shankar @ Shankaraiah is the absolute owner of agricultural land admeasuring to a totai extent of Acs. 3.33 guntas in Survey Nos.3llD (Acs. O.0050 guntas), 31/E (Acs. 0.0400 guntas), 32/E/EE (Acs. O.O55O guntas), 223lEE/A (Acs. 0.2700 guntas), 2231U (Acs. 0'05OO guntas), 223/UI (Acs. 0.05O0 guntas), 223/U (Hcs. i.17O0 guntas), 226/AAIU (Acs. O. 19O0 guntas), 226/AAIR (Acs. 0.02OO guntas) and 23O (Acs. O.2800 guntas) (for short, 'the subject propertyJ, situated at Kothapalle Village, Gambhiraopet Mandal, Rajanna Sircilla District and the respondent authorities have also granted old passbook and title deed uide Patta No.1134 to the petitioner's husband and thereafter new pattadar passbook was alsl? ^r \ 2 CVBR, J W.P.No.12317 of 2025 granted to the petitioner's husband uide Passbook No.T'1903O160616, Khata No.1i34 dated 21.04.2018. It is further stated that zrfter the death of her husband on 18.1 1 .2022, the petitioner applied for Poutl-ri Izafa/ succession for the subject propcrly, but her mother-in-law m4de an objection stating that the subject l)roperly was purchased by her in :rame of petitioner's husband. It is further stated that the 3.d respondent, after the death of the petitioner's mot her-in-law and after enquiry, granted Pouthi Izafa/ succession i n lhvour of the petitioner since she is the only survivor of the her late husbirnd and ncw pattadar passbook was also issued to her uide Passbook No.T19()30161638, Khata No.60801 datecl 15.O2.2025. lt is furthcr statcd thlt cluestioning the grant of Pouthi I;zafa/ succe ssion and consequential issr rance of pattadar passbook mutatitrg the name of the petitioner in the rr:venue records, the 4h respondent, r,uho is the brother of the petitroner-'s lrusbrrncl, filed a petition before the 2,'d respondent on

24.O3.2025 trncl thc 2n(r rcspondent issued impr-rgnecl nolice dated

29.03.2025 to thc l;ctitioner directing her to appear on I9.O4.2O25. The grievance of lhe pctitioner is that when the petitioner appeared through her counsel beforc tht- 2.,'l respondent on 19.04.2025, the 2nd respondent posted the matter Lo 26.04.2025 hnally for filing reply. Herrce, the present writ petition.

3. Considered thc submissions made by the learned counsel for the parties and with thcir consent, this writ petition rs disposed of at the admission sltrge 3 CVBR, J W.P.No.12317 of 2O25

4. As per Section 6 of the Telangana Rights in Land and pattadar Passbooks Act, 2O2O, any person or persons who acquire rights over land through succession, survivorship, inheritance and seeking to effect change in Record of Rights, after arriving at consensus among all the legal heirs on the manner of division of the land among themselves, shall make an application, enclosing the joint agreement specifying individual shares, to the Tahsildar through the website prescribed for this purpose, for allotting available date and time as per the convenience of the persons to appear before the Tahsildar.

5. Learned counsel appearing for the petitioner vehemently contended that disputing the granting of succession and consequential issuance of the pattadar passbook in favour of the petitioner claiming that the properties purchased by the deceased husband of the petirioner is a joint family property and in fact, the said property has been purchased in the name of the mother of the 4th respondent and the petitioner got mutated the said property in her name, the 4th respondent has submitted a petition on the frle of the 2nd respondent-District collector on 24.o3..2o25 seeking for cancellation of the pattadar passbook issued to the petitioner and the 2.d respondent, ulde impugned proceedings dated 29.03.2025, has issued notice directing the petitioner to appear on 19.04.2025 and when the petitioner along with her counsel appeared before the 2.d respondent, even without graiting sufficient time to the peti[ioner, the 2.,a respondent posted the matter to 26.04.2025 hnally for liling reply by the petitioner by enclosing all L 4 CVBR' J tV.P.No.12317 of 2025 the necessary documcuLs to cnable the 2"d responcle:nt to conduct an enquiry as to whet her t he Pouthi lzafa/ succession grant-ed in favour of the petitioner is follou'ing lhc due process of 1aw'

6. Pnnta .facie, it appears from the record that the impugned notice has been issued to th(: petitioner on 29 'O3 '2025 to appear before the 2"d respondent on 1g.Ct4 2(t25 and on lg 04 '2025' the 2"d respondent hxed the date of hearing on 26'Of 2025 finally'

7. "vhether lt'r vicr'' o[ ll're complexity of the facts as to lhe petltloner is claiming as u i[t: ol t lle der:case d husband whose na'r'e is recorded in the rcvenue recorcls as pir'tLadar al-rcl whether the 4e respotltlcnt is claiming that the subjcct prop{:rt} is a ioint family property and since the above said issues arc requircd to lle decided after providing a reasonable opportunity to the petitioner ancl sit'tct: the lime granted to the petitirlner from 19 'O4 '2025 to 26.O4.2025ls not a reasonable time to hle an explarrzrtion or enclose the documents, thc cnds rrf justice wourd be met if the 2.. respondent-District 'O4 '2025 to enable Collector is directed to grant tour (O4) weeks time from the petitioner 1o su brnit reply by enclosing ali the ll(lcessary documents' which are relied bv thc petitioner to substantiate her (ritse and after filing of the reply by the petitioner, the 2'd respondent-Distric'- Collector is further directed to consicler the said repiy and the documents, ruhich are reiied upon by her and pass appropriate reasoned orders and conrrnunicate the reasons "t-6 thereon to the Petitioner I i ! I i I I I I I I I I CVBR, J W.P.No.12317 of 2O25

8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs Miscellaneous applications pending, if any, shall stand closed' //TRUE COPY// SD/. P.CH.NAGABHUSHAMBA EPUTY REGISTRAR SECTION OFFICER

1. The Principal Secretary,(Revenue Department), Tela gana Secretariat, The State of Telangana, Hyderabad.

2. The District Collector, Rajanna Sircillla District at Sircilla, 3. The Thasildar, Gambhiraopet Mandal, Raianna Sircilla District. 4. One CC to Sri Gandyadapu Rajesham, Advocate IOPUCI 5. Two CCs to GP for Revenue, High Court for the State of Telangana, at Hyderabad [OUT]

6. Two CD To, TJ HIGH COURT CC TODAY DATED:2310412025 {ll,t: S14/

9.o o]. -) 25rPn2m r! I,l ORDER WP.No.12317 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS