Vunukonda Mallesham v. 1. State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction particularly a writ of mandamus declaring the action of the Respondent Nos.1 and 2 in seeking to change the entries in DHARANI consequent to the orders in CA No. 4612022 d1.06.01.2023, the orders in CA.No.46 ot 2022 dt.06.01.2023 granting Letter of Administration / Succession Certificate in favour of Sri Vunukonda Prakash Rao .,4 (Respondent No.4 herein) in respect of tand admeasuring Ac.1 .32 guntas out of Ac.S.1B guntas in sy.No.6B7/4 at Seekurai Road, Peddapalli Town and Mandal, Peddapalli District and the application made by the Respondent No.4 herein for mutatibn based on the said certificate with Respondent Nos.1 and 2 in respect of the said land as void, illegal, arbitrary, violative of principles of natural justice, violative of provisions of the Administrator / General Act,1963, violative of Article 19, 21 and 300-4 of the Constitution of lndia, violative of the provisions of lndian Succession Act and Hindu Succession Act and consequently set aside the same and further direct the respondents 1 and 2 to incorporate name of the petitioner herein as pattedar in DHARANI portal and other relevant revenue records in respect of the land admeasuring Ac.1 .32 guntas situated in sy.No.687/4 at Seekurai Road, Peddapalli Town and lVlandal, Peddapalli District. lA NO: 4 OF 2023 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.the operation of registered gift settlement deed d1.09.09.2023 (registered on 12.O9.2023) bearing Doc.No.1562/2023 executed in favour of respondent No.6 herein, pending disposal of WP.No.2485412023. lA NO: 2 OF 2023 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 direct Respondent Nos.1 and 2 not to take any action in the matter of modification of the Dharani portal in respect of the land admeasuring Ac. 1.32 guntas in sy.No.687/4 at Seekurai Road, Peddapalli Town, Mandal, and Peddapalli District for incorporation of the name of Respondent No.4, pending disposal of WP.No.

12023. lA NO: 6 OF 2023 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 permit the petitioner to amend writ affidavit and prayer portions in It' WP.No.2485412023 in the following terms: (i) After existing paragraph-4, add the following: "5) lt is submitted that after fling of above writ petition, there were certain further development which would further establish the fraud and collusion on the part of respondent Nos.4 and 5 who are none other than my sons. I have given substantial commercial properties to them which were registered on their names (by purchasing old building). lgot the same demolished and got constructed shops with cellar, ground plus first floor where respondent no.4 is carrying on the business of bakery. One portion is in the name of my elder son respondent no.4 and the other portion is in the name of respondent No.S (my younger son) (one shutter each with corresponding cellar and first floor)- I am a retired employee from co.operative bank and whatever funds I had, I invested the same in the properties. however, my grievance is that inspite of doing all these, the respondent Nos.4to 6 herein are playing fraud and want to throw me out. I am staying at Subash Nagar, Peddapalli in the first floor. The respondent no.S is staying in ground floor with his family free of cost- This property was also acquired by me. i{e too along with his wife has been harassing me and my wife. lt is submitted that this Hon'ble court was pleased to pass interim orders on 08.09.2023 in the subject writ petition by directing responded no.2 not to entertain any transactions in respect of subject land of writ petition. However respondent non.4 got his name mutated in DHARANI portal / revenue records on the strength of certificate in CA.No.46/22 dt.06.01 .2023 on 01 .09.2023 and later executed registered gift settlement deed d1.09.09.2023 bearing Doc. No.1562/2023 in favour of respondent No.6 registered on 12.09.2023. the respondent no.S is a witness to this document which shows the collusion, fraud and conspiracy played by respondent Nos.4 to 6 and their family members. thus, it is submitted that fraud is played. lt is therefore just and necessary to declare subject gift deed as void and pass consequential orders thereon. The said proceedings are also hit by doctrine of lis"lpendense." (ii) Re-number existing paragraphs 5 and 6 as 7 and B (iii) In the prayer portion, after the existing words "Peddapalli Town & Mandal, Peddapalli District" add the following: "and further declare the action of respondent Nos.1 and 2 incorporating the name of respondent No.4 in DHARANNI portal in respect of land admeasuring Ac.1.32 guntas situated in sy.No.687/4 at Seekurai Road, Peddapalli Town & Mandal, Peddapalli District as illegal, arbitrary, without jurisdiction / in excess of their juris-diction, violation of 21r ::l principles of natural justice and consequently direct respondent Nos.'l and 2 to incorporate the name of petitioner herein in DHARANI portal and revenue records in respect of said land, and the act of execution and registration of gift settlement deed d1.09.09.2023 bearing Doc.No.1562/2023 registered on 12.09'2023 by respondent No.2, executed by respondent No.4 in favour of respondent No.6 as void, illegal, vitiated on account of fraud, misrepresentation, without jurisdiction and issue a consequential order setting aside the same". IANO:1O F 2023 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 be pleased to suspend the operation of the succession certificate i Letter of Administration dt.06.01.2023 passed by the Respondent No.3 in cA.No.46/2022, pending disPosal of WP.No- /2023. lA NO: 5 OF 2023 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 direct respondent Nos.1 and 2 herein to delete the name of respondent Nos.4 and i or 6 herein in DHARANI portal / revenue records in respect of land admeasuring Ac.1.32 guntas situated in sy.No.687/4 at Seekurai Road, Peddapalli Town & Mandal, Peddapalli District, pending disposal of WP.No.2485412023. Counsel for the Petitioner : SRI J.PRABHAKAR, Sr.counsel for KANUMURI KALYANI Gounsel forthe Respondents No.1&2 : GP FOR REVENUE Counsel forthe Respondents No.3 : -- Counsel for the Respondents No.4to6 : SRI M.SIDHARTHA RAO The Court made the following: ORDER l, ::....:a i. HON'BLE SRI JUSTICE C.V.BHASXAR REDDY WRI? PETITION No.24a54 of 2o23 ORDER: This Writ Petition, under Article 226 of the Constitution of india, is filed seeking the following reliel '....to issue appropiate u.tit, order or direction porticularlg a writ of mandamus declaring the action of the respondent Nos.1 and 2 in seeking to change the enties in DHARANI consequent to the orders in CA No.46/2O22 dated 06.01.2023 the orders in CA No.46 of 2022 dated 06.01.2023 granting Letter of Administration/ Succession Certificate in fauour of Si Vunukonda Prakash Rao (Respondent No.4 herein) in respect of land admeasuing Ac.1.32 guntos out of Acs.5.18 guntas in Sg.No.6B7/4 at Seelorai Road, Peddapalli Town ond Mandal, Peddapalli District and the application made bg the Respondent No.4 herein for mutation based on the said certifi.cate uith Respondent Nos.1 and 2 in respect of the said land as uoid illegal, arbitrary, uiolatiue of pinciples of naturol justice, uiolatiue of prouisions of the Administrator/ General Act, 1963 uiolatiue of Articles 19, 21 and 300A of the Constitution of India uiolatiue of the prouisions of Indian Succession Act and Hindu Succession Act and consequentlg set aside the same and further direct the respondent Nos.l and 2 to incorporate name of the petitioner herein as pattedar in DIIARANI portal and other releuant reuenue records in respect of the land admeosuing Ac.1.32 guntas out of Acs.5.18 guntas in Sg.No.687/4 at Seekurai Road, Peddapalli Town and Mandal, Peddapalli Dbtict ..."

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioner is the owner and possessor of land admeasuring Ac.1-32 guntas in Sy.No.687/4 situated l i * 2 at Seekurai Road, Peddapalli Town and Mandal, Peddapalli District, having acquired the same by way of succession. The case of the petitioner is that respondent No.4, who is his son, filed a Civil Application uide CA No.46 of 2022, under Section 29 of the Administration General Act, 1963 (for short 'the Act') and amended by the Administrators General Amended Act l No.33 of 2012, before respondent No.3, for issuance of Letters of Administration/ Succession Certificate in his favour and uide order, dated 06.01.2023, respondent No.3 allowed the j- . :i said application stating that the petitioner therein (respondent No.4 herein) is entitied to get transfer of the said property.

4. Sri J. Prabhakar, learned Senior Counsel appearing for the petitioner vehemently contended that without following the procedure as contemplated under the Act, only relying upon the contents of the affidavit enclosed in support of the application and presuming that the value of the property as below Rs.9,O0,0OO/-, respondent No.3 has allowed the application filed by respondent No.4 for grant of Letters of Administration/Succession Certificate. It is further submitted that since the said properties are ancestral properties, they are devolved upon the petitioner after death of his father, and f' -) being the grandson, respondent No.4 is not entitled for share of the ancestral property, unless the same are subjected for partition in terms of the Hindu Succession Act, 1956 (for short Act, 1956). It is further submitted that pending adjudication of the writ petition, respondent No.4 executed gift deed bearing document No.1562 of 2023, dated 12.09.2023 in favour of his son i.e., respondent No.6 showing that the property value as Rs.20,24,500/-.

5. Learned counsei for respondent No.4 vehemently contended that being the grandson of the origina-l owner, respondent No.4 is entitled for issuance of the Letters of Administration/ Succession Certificate, as such, after obtaining the value of the lalds, which are below Rs.9,OO,O0O/-, respondent No.4 made an application as per the Section 29 of the Act for issuance of l,etters of Administration/Succession Certilicate, and after issuing notice to the contesting parties therein, respondent No.3 has rightly allowed the application of the petitioner and the said order does not require any interference. 1' a 1

6. It is seen from the record that pending adjudication of the disputes as to whether respondent No.3 is having any power to grant the Letters of Administration/ Succession Certificate for the lands over and above value Rs.9,OO,00O/- or not, arrd more particularly when the subject property said to have been partitioned among the co-sharers of the petitioner's grandfather, this Court has directed respondent No.2 not to entertain any transactions over the subject property.

7. Admittedly, as respondent No.4 himself while executing the gift deed in favour of respondent No.6 disclosed the property value is more than Rs.20,24,500/-, which.disentitles respondent No.3 granting Letters of Administration/ Succession Certifrcate in favour of respondent No.4, since he is not having any jurisdiction to issue any certificate over and above the va_lue of Rs.9,00,000/-. There are serious disputes between the petitioner 'and respondent Nos.4 to 6 with regard to succession rights and also partition being affected among the grandparents of respond.ent No.4, and the said issues are required to be adjudicated before the competent Civil Court in Original Suit or Original partition instituted under the provisions of the Act, 1956. t { 5

8. Accordingly, this writ petition is allowed by setting aside the order, dated 06.01.2023 in CA No.46 of 2O22 issued by respondent No.3 and the consequential registration of gift settlement deed bearing document No. 1562 of 2023, dated

72.O9.2023, as the same have been executed in violation of the interim orders granted by this Court. However, respondent No.4 is at liberty to approach the competent Civil Court, if he is having any right as co-sharer of the said property by way of partition. No order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.T, TIRUMALA DEVI T REGISTRAR AS //TRUE COPY// S CTION OFFTCER 'o' , . ,n" Dist. collector' state of Telangana' Peddapall e-50517 4 TitB!?13,{,'S[3.::* 3i,i[: liieE :l]"1338333'

2.TheTahsildar(Jt'Sub-Registrar)'Peddapalle-5}5172 3 rhe Ad mini:tr*e: Administrator Gener 4. One CC to SRI KANUMURI KALYANI' Advocate iOPUCl 5. Two ccs to Gp FOR REVEN,E, High court for the State of relangana. 6. One CC to SRI M'SIDHARTHA RAO' Advocate' IOPUCI 7. Two CD Copies' BSK BS .d, w 1 1 HIGH COURT DATED:1210212025 t { ORDER WP.No.24854 of 2023 a6 Sfe /4 1 ( !.) 18 IrlAil 2025 (.( > f t t)€ 5 A CHT gO -d+ { ALLOWING THE WRIT PETITION WITHOUT COSTS v al \ f,