✦ High Court of India · 19 Aug 2025

The High Court · 2025

Case Details High Court of India · 19 Aug 2025
Court
High Court of India
Decided
19 Aug 2025
Bench
Not available
Length
1,171 words

1. State.of relangana, rep. by_its principar secretary panchayat Ral and Rural Development Department, Secretariit, Hvderabad. 2 The District Panchayat Officer. Karimnaqlr District. 3. Muqdumpur Gram Panchayat, MuqdumIur Viltage, Kanmnagar tnlandal, . Sarimnaqar District, Rep by its panchayat Secr6tary. 4. The Sub Registrar, Karimnigar Rurat M'andat, Karimnagar ,'.ll][lrroro.n* Petition under Article 226 of the constitution of India praying that rn the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned proceedings No.hslggzolzozz-pts dated.3'1 05.2025 issued by the 2nd respondent directing the petitioner to approach the 4th respondent for mutation in respect of house property with RCC roofed building bearing No.1-21t312, in Ptot No.2, under Sy.No..12, with its plinth area admeasuring 1633.30 Sq. feet, total land admeasuring 266.66 Sq. yards, situated at Muqdumpur Village, Karimnagar Mandal and District, is total non application of mind, illegal, arbitrary, unjust, u nco nstitutional, violation of principles of natural lustice and also contrary to the provisions of relangana Panchayat Raj Act, 2018, and set aside the same, and consequen y direct the respondents to consider the application of the petitioner for mutation, immediately lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rc;umstances stated in the affidavit filed in support of the petition, the High Cor rt may be pleased to suspend the inrpugned proceedings No.45/3876/2022- )ts dated .31 05.2025 issued by the 2nd 'espondent, by directing the responrlents to consider the application of ther petitioner for mutation in respect of house property with RCC roofed building bearing No.1 211312, in Plot No.2, under S', No.12. with its plinth area admeasuring 1033.30 Sq feet, total land admeasurrng 266.66 Sq. yards, situated at Muqoumpur Vrllage. Karimnagar Mandal and District, immediately, pending disposal of llre writ petitron Counsel for the Petitioner: SRI MOHD MOtN AHMED QUAI)Rt Counsel for Respondent Nos. 1 & 2: GP FOR PANCHAYAI RAJ & RURAL DEVELOPMI:NT Counsel for Respondent No 3: SRI K. PRADEEP REDDY Counsel for Respondent No. 4: GP FOR REVENUE The Court made the following: ORDER \ I .I-HIi I-ION'BLE SMT..IUSTICE T. MADHAVI DEVI WRIT PETITION No.l7,l74 of 2025 ORDI'It I-his Writ ['etition is Illed challenging the proceedings dated I I 0i.2015 issued by respondent No.2 directing thc petitioner to approaclt lespondent No.4 tbr mutation ol' house property ra,ith l{C'C-roof ccl bLrilding bearing No.l-2 1/3/2 in Plot No.2 in S1 .\o.ll. uith total land admeasuring l63i.l0 Square leet i.c., 2(16.66 Squale Yards, situated at Muqdumpur Village, Karimnagar Vlanclal arrd District, as illegal and arbitrary and consequently to sct asiclc thc sanre and to direct the respondents. to consider thc application of the petitioner fbr mutation and to pass such other ordcl or orclc rs

2. l-ealncd cour.rsr-l lbr the petitioner subrnitted that the pL-titioner lcccived the strbject propefiy through a Gift Deed in thc lcar 20 ll ancl has been in possession of the same ever slncc I-earncd cor-rnsel lor thc petitioner further subrnitted that the petitioner has approached the autholities fbr mutation of the said llropen\ in the Ciraru Panchayat records. Horvever, vide impugncd 2 I ivlD.J wp 17474 l0l5 - letter dated 3 I .05.2015. tlre rcqucst of the petition,'r u,as denied on the ground that afier introduction of the Dhalani Portal, therc is no option to mutal-e thc l)ropcrt) and thc pctitioner r as inlornrccl tcr approach lespondent \o.-1 lbr urutatiorr. Chall:r,ging thc said impugnecl letter, the present rvrit petition has been i led.

3. Ilerrrd lealncil (ior ernnrent Pleader loL Parrchayat Ra.l and Rulal Develc,pmcnt. al)l)e aring tbr respondcnts N o. I & 2, Sri K. Pradcep Redd1,, iearrrccl Standing Counscl lbr C rarn I)anchavat, appcaring lor lespondcnt No.l and lcarrrcd (iovern rent l)lcadcr tt)r Revenuc ( Stiir.nps ancl [{c,tistration). appcaring firr respondcnt No.4

4. Leerme,l Covernrncnt Pleader lol Revenuet (Starnps and Registration) statccl that thc subject prot)erty was initially a residential properly ancl rras receivcd b"".' the petitir,ncr as a gilt lbr the purpose of runnins lr nrosque thcrein. fherelore, the sub.iect property is fol tl-re r-rsc ol'r'eligior.rs pLnposes and c,rnsequently, tlie petitioner has to obtain an NOCI ttom the I)istrict llollector to use the said properly firr rclieious purposcs and thereafter, thc petitioner has to apploach responclent No.4 lbr mutr tion. 3 TMD,J rvp 17471 l0lj

5. Learned counsel lor the petitioner, however, submitted that as per the irnpugned order itself, there is no option for respondent No.4 to nlutate thc property and therefbre, the said instructions are not fbasible

6. I laving re gard to the contentions of learned Government Pleader lbr Reveuue (Stamps and Registration), this Court observes \ that the sLrbject propeft)' has been received by the petitioner for use asa religious institution, though it was initially a residential propefly and the rnutatiou of such transfer is the issue beforc this Court. Bclbrc such rnutation can be done, the petitioncr has to obtain an NOC fiom the Distr.ict Collector in accordance with G.O.Ms.No.l5 dated 22.12.2011 and thereafter,, approach respondent No.4 fbr mutation of the properly by rnaking an appropriate application in this regard. Therefore, the impugned order is sct aside and the petitioner 1S permitted to make applications both online and ottline for mutation and thc rcspondcnts shall consider both in accordance with law. It is rnade clear that i1. lbr an1'reason. it is not possible to mutate the subject 4 l \4 D..t \lp I7474 102) - propefty, respondent No.4 shall gLride the petitioiler appropriately regarding ther process lor mutation ol the property.

7. With the above observations and direc ions. this Writ Petition is disposed of. l-here shall be no order as o costs

8. Miscellaneous applications. il an1 , pend ngr this writ petition, shall stand closed //TRUE COPY// . SD/-MOHD. ISMAIL PUTY REGISTRAR I I CTION OFFICER The District Panchayat Officer. Karimnagar Districi. The Panchayat Secietary, Muqdumpur 6ram panchayat Muqdumpur Village, Karimnagar Mandal, Karimnagar District. The 91b Re^grstrar, Karimnagar Rural lVlandal Karinrnz gar District. One CC to Sri Mohd lrloin Ahmed euadri Advocate JOlil+,Cl Two CCs to GP For Panchayat Ra1 & Rural Develophe ,ni, fiigh Court for the State of Telangana. [OUTI Two CCs to GP For Revenue ,High Court for the State of Telangana. [OUT] Two CD Copies To, 1 2 4 5

6. 7 MBC BS HIGH COURT DAT'ED: 1910812025 .-/'/ - ,a/ ," -t\ 15 SEP 205 tt.l -. TCI ,(\ ,".',\ 'i:- \ :l! ORDER WP.No.17474 ot 2025 DISPOSING OF THE Vtr/RIT PETITION WITHOUT COSTS / \

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