The High Court · 2025

Judgment

4. The State of Telangana, , Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Collector, Nirmal District. The Thasildar, , Mudhole Mandal, Ninnal District. Balekar Gangadhar, , S/o. Boja Ram, Aged About. 35 years, Occ. Private RTC Driver, R/o. Degaon Village, Bhainsa, Nirmal District. ...RESPONDENTS

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'an order, direction or Writ, more particularly in the nature of a writ of Mandamus declaring the action of respondent No. 3 in effecting the succession proceedings with respect to land admeasuring Ac. 2-00 gts in Sy. No. 35/38 situated at Mudgal Village, Mudhole Mandal, Nirmal District, belonging to the petitioner vide transaction No. 220007037't , in favor of respondent No. 4 illegally, on the basis of fabricated death certificate as illegal, arbitrary, highhan(ed apart from being violative of article 14 and 3oo-A of cohstitution of lndia and consequently to set aside the mutation granted in favor of respondent No. 4 vide transaction No.2200070371 in respect to land admeasuring Ac.2-00 gts in Sy. No. 35/38 situated at Mudgal Village, Mudhole Ma nda l,l.r(<.vrr,a District and further to direct the 2nd respondent to conduct enquiry against the respondent No. 3 and 4 for resortinr; to fraud, fabrication and tampering of official record and take appropriate action in accordance with law. lA NO: 1 oF 2023 Petition lnder Section 151 CPC praying that in the circumstances stated in the affidavit fik,,d in supporl of the petition, the High Court may be pleased to suspend the mltation proceedings effected by respondent No.3 vide transaction No. 2200070371 in favor of respondent No. 4 in respect to land admeasuring Ac. 2-00 gts in Sy. No. 35/38 situated at tMudgal Village, Mudhole Mandat, Nirmal District. lA NO: 2 OF 202:3 Petition utrder 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 the respondent ltlo. 3 to restore the name of the petitioner in dharani portal in respect to land ;ldmeasuring Ac. 2-00 gts in Sy. No. 35/38 situated at Mudgal Village, Mudhole ft/andal, Nirmal District. COUNSEI for the I,etitioner:SRIV. VINAYAKA KRISHNA REP CHINTA MRUDULA Counsel for the Flespondents No 1 To 3: SRI L. RAVINDER AGp APPEARING ON EIEHALF OF GP FOR REVENUE SRI K. MURALIDHAR REDDY Counsel for the Respondent No * -.. l-o The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32756 of 2O23 ORDER: The w'rit petition is filed by the petitionei und.er Article 226 of Constitution of India seeking issuance of writ of Mandamus declaring the action of respondent No.3 in effecting the succession proceedings with respect to land adrneasuring Ac.2-00 gts., in Sy.No.35/38 situated at Mudgal Village, Mudhole Mandal, Nirmal District, belonging to the petitioner vide transaction No.220007O371, in favour of respondent No'4 illegally, on the basis of fabricated death certihcate as illegal, arbitrary, highhanded apart from being violative of Articles 14 and 3OO-A of Constitution of India and consequently to set aside the mutation granted in favor of responden,: No.4 vide transaction No.2200070371 in respect to land admeasuring Ac.2-00 gts., in Sy.No.35/38 situated at Mudgal Village, Mudhole Mandal, Nirirral District and further to direct the 2"d respondent to conduct enquiry against the respondent No.3 and 4 for resorting to fraud, fabrication and tampering of official record and take appropriate action in accordance with law.

2. Heard Sri V.Vinayaka Krishna, learned counsel, representing Mrs.Chinta I\{rudula, learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader appearing on behalf of r :l ;l 2 learned Government Pleader for Revenue Sri K.Mura-lidhar Reddy. Since the presertt writ petition is disposed of at the admission stage r,vith the consent o1' both sides, the notice to the respondent No.4 is dispensed with.

3. The learned counsel for the petitioner submits that the petitioner's latc husband, Sri Bhojaranl, was the absolute owner and possessor of agricultural land admeasuring Ac.2.0o guntas in sy.No.35/38, situated at Mudgal Village, Mudhole Mandal, Nirmal District, a6rluired through a Lavoni patta Grant. Upon his demise on

79.1'2.2o12, the said land was lawfully inherited by the pctitioner by way of succession. Further submits that after succession, her name was duly mutated in :he revenue records and she was issued Pattadar Passbook No.Ti41200110399. The petitioner has been in peaceful possession and enjoyment ol'the said land. It is submitted that subsequently disputes arose betweer the petitioner and the family of her husband's second wife after the demise of late Bhojaram. The petitioner submits that on L6.o7.2022, sihe came to know that the 4th respondent, who is the son of her husband's second wife, had forged a false death certificate in her name and produced the same before the 3.d respondent. It is submitted that the 3'd respondent, in collusion with the 4th respondent and without verifying the genuineness of the said certificate, illegally effected succession proceedings.igJavour of the 4th respondent vide Transac_tion 3 No.22O0O7O37l. Based on the said fraudulent proceedings, the 4th respondent managed to obtain a pattadar passbook bearing No.T14120030488, vide Khata No.60241. The petitioner immediately submitted a representation dated 29.08.2022 to the 2'd respondent, bringing the fraud to notice and seeking necessary action. However, no steps have been taken till date. The {tlr respondent, instead of approaching the competent civil forum for resolving property disputes, has resorted to fraudulent means to secure mutation in his favour. The said acts of respondent Nos.3 and 4 are illegal, arbitrary and violative of the petitioner's rights guaranteed under Articles 14 and 300-A of the Constitution of India. The petitioner, therefore, submits that unless this Hon'ble Court is pleased to consider her case and directs the 2nd respondent to dispose of her representation dated 29.Oa.2O22 and take appropriate action against respondent Nos.3 and 4, the petitioner will suffer irreparable loss and injury that cannot be compensated in any manner.

4. The learned Assistant Government Pleader for Revenue subrnits that the petitioner's allegations involve disputed questions of fact which require verification of records and cannot be examined in writ proceedings. It is further submitted that the succession was effected based on available documents and in accordance with due procedure. a i,i 4 The petiti()ner's representation dated 29.O8.2022 is under consideration, and necesr;ary action will be taken in due course.

5. On a careful consideration of the submissions made by both sicles and upon perusal of the record, this Court witl".out making any observatior s or1 the merits and demerits of the case and also the aspect of possessicn of the petitioner over the schedule property, directs the official respondt:nts to cause enquiry into the matter strictly adhering to the procedttre contemplated by duly issuing notices to all the effected parties and opportunity of being heard and pass appropriate orclers within 6O devs lrom the date of receipt of copy of this order.

6. With the above directions, the present writ petition is disposed of. No order as to the costs. Miscellaneous applications, if any pending, shall st:rnd closed. /TRUE COPY// SD/. T. SRIDEVI TANT REGISTRAR SECTION OFFICER To,

1. The Princiral Secretary, Revenue Department, Secretaria :, Hyderabad. of Telangana,

2. The District Collector, , Nirmal District. 3. The Thasillar, Mudhole Mandal, Ninnal District. 4. One CC to SRl. CHINTA IVIRUDULA, Advocate [OPUC] S. Two CCs t() GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad . [OUT]

6. Two CD Copies DAN BSR Y4- HIGH CC)URT DATED:i'.711012025 ORDER WP.No.32756 of 2023 THE s (J * 1 B f'lA fl ?ufr * DISPOSING OF THE WRIT PETITION WITHOUT COSTS ."{en X."