Khyri Raju v. unconstitutional and consequently direct tfre 3rd

Petition underr 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 orders directing the respondent No.3 herein to consider the take appropriate action pursuant to the online application dt. 15-4-2025, p,:nding disposal of the main Writ Petition. Counsel for the Petitioner: SRI G. RAJESH Counsel for the Respondents: AGp FOR REVENUE The Court made th,e following: ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY VIRIT PETITION No.16550 of2025 ORDER: This writ petition is filed seeking following relief "That thls Hon'ble Court may be pleasedl to issue an appropriatc Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction o[ the 3rd respondent in granting Juccession and issuance of the pattadar pass book arld title deed in respect of the land in Sy.No. 35/l/4, admeasuring Ac. 1.20 gts., situated at Chanda-T village, Adilabad Rural Mandal, Adilabad District, inspite of the application dt. 8 4-2025 duly paying the requisite amount o[ Rs. 4,409/- by rvay of Challan and booking the slot on 15 4-2O25, as being illegal, arbitr:rry, unjust and unconstitutional and conseque+ly direct the 3rd respondent to grant succcssion and to issue thc pattadar pass tlook and title decd to the petrtioner in respcct of the abovc mentioned land, and to grant such other relief or reliefs as this Hon'ble Court dccms fit and proper in the circumstances o[thc casc."

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition 1S being disposed at the admission stage.

3. It is stated that the petitioner's graldfather is the absolute owner and pattedar of the agricultural land admeasuring 1.2O guntas in Sy.No.35/ 1/4, situated at Chanda-T Viltage, Adilabad Rural Mandal, Aditabad District. tt is further stated that the petitioner's molher Smt. Khyri Cangu Bai was the only daughter to his gra;rdfather, and his grandfather is not having any legal heirs and the petitiqner's mother is the only successor of agricultural land admeasuring 1 .20 gyntas. It is further stated that the petitioner was issued Family Member C.ertihcate, wherein the petitioner's E. il- ''' *'J''*+'"'-- ....,r. :' \ CYBR, J \n' \. ; W.P.No.1655O of 2025 \ 2 name is shown as successor of Iate Sri Shinde Somari, grandfather of the petitioner.

4. Learne 11 Government pleader appearing ior the respondents submitted that a fter conducting an enquiry, it is revealed that the petitioner's grand irther is having two wives i.e., 1,r wife namely Smt. Chandra Bhaga (1 Children) and 2"d wife namely Smt. pocchu bai (5 children) and objrctions have been raised by the pelitioner rvhiie issuing Family Membcr Ce rtificate. It is stated that, in view of objections, they have rejected the claim of the petitioner for mutation anrL sanction of pouthi izafa/ succession and consequential issuance of pattedar passbook.

5. It is se ttled law that rvhen there are serious disputes with regard to title and possel;sion over the subject lands, the re\ enue authorities are not conferred with any power either to amend or for c:,.rrying out necessary corrections / rectifi<:ations of the entries. Admittedly, the petitioner is claiming that his rother narne was recorded as patta,:lar and possessor in respect of land the land in Sy.No. 3Sl | /4, admeasuring Ac. 1.20 gts., situated at cl'randa-T village, Adilabad Rural Mandal, Adilabad District. In the opinion of this court, the disputed issues with regirrd. to right, title, and possession of the subject property are required to be adjudicated in a properly instituted comprehensive suit. .) CVBR, J W.P.No. 16550 of 2O25

6. In view of the above, this Court is of the opinion that ends of justice would be met if the petitiongrs are relegated to approach the Competent Civil Court for obtaining Succession certificate and that the petitioner's mother is the legal heir of t\e subject pr-operties. In the event of such decree obtained by the petitioner from the Competent Civil Court, the revenue authorities are directed to exarnine the case of the petitioner for mutation, in accordance with law. 7 . With the above observations, this writ petition is disposed of. No order as to costs As a sequel, the miscellaleous pdtitions pending, if any, shall stand closed. //TRUE COPY/i D/. M. OSMAN ALI BAIG SSISTANT REGISTRAR SECTION OFFICER cretariat, The State of The Principal Secretary, Revenue DepArtment, Telangana, Hyderabad The District Collector, Adilabad District At Adilabad The Tahsilar, Adilabad Rural Mandal, Adilabad District. One CC to Sri G. Rajesh. Advocate [OPUC] Two CCs to GP for Revenue, High Cotrrt for the State of Telangana, at Hyderabad [OUT] Two CD Copies I To, 1 2 ,l 4 q 6 TJ TKS HIGH COURT DATED:1710612025 ORDER WP.No.165ti0 of 2025 .,.' ./t^\ " , 4r -: ;,.]...iq._- . .,,..:\. .,..). \" i1 25AUEM * DISPOSING; OF THE WRIT PETITION WITHOUT COSTS q 0 0