✦ High Court of India · 15 Apr 2025

High Court · 2025

Case Details High Court of India · 15 Apr 2025
Court
High Court of India
Decided
15 Apr 2025
Bench
Not available
Length
1,718 words

4. The Tahsildar, Bachupally tvlandal, Ivledchal-N/alkajgiri Djstrict. 5. Sri Ahsan Ali Khan, S/o.Late Amjad Ali Khan, Aged about 93 years, Occ; Business, Ryo H.No.6-3-79 1, Ameerpet, Hydera-bad_1 6. 6- Sri Akram Ali Khan, S/o Late Amjad Ali Khan, Aged about g9 years, Occ ; Business, Rt/o H.No.6-3-791 , Ameerpet, Hydera6ad _ 16.

7. Sri lvlinhaj Amjad, S/o Sri Akram Ali Khan, Aged about 56 years, Occ ; Business, R/o H.No.6-3-791, Ameerpet, HydErabad-1 6.

8. Sri Ash_ok Kumar, S/o Sri.L. Narasarah, Aged about 57 years, Occ; Business, Patancheru Vi age and Mandal, tr/edjk district, Now S'angJ'n-eddy Diirrict- ' 9 B.V.R.Prasad, S/o Late Madhava Rao, Aged about 56 years, Occ. Business, R/o Flat No.501, Vaishnavi Twins plaza, 6-gOn, Maanura Nagar, HVOeiiUr'O - 500038.

10. Sri Polavarapu Srinivas, S/o Sri p.V.Narayana Rao, Aged about 56 vears. Occ. Business, Rt/o H.No.7-'l-29lC, Ameeipet, Hydera"bad_ 5000i6 '-- -' 11. Sri S.N.Kanchal, S/o Lale Uchchanla lKanchal, Aged about 77 years, Occ. Business, R/o 3E, Atlas Apa(ment, Road No. 1 0,-Banlara Hills,'HyderJbid ..r . ;. r..i.:,,i.:iJ9ta.' -

12. Sri R .SuriBabu, S/o Sri R.sathyanarayana, Aged aboul 49 years, Occ Business, R/o Flat No.G-2, Saikeerthi Towers, B.K.Guda, S.R.Nagar, Hyderabad.

13. Sri B. Prasad Reddy, S/o Sri B.Lakhsminarayana Reddy, Aged about 43 years, Occ. Business, R/o H.No.5-1263, Dorasanipalli Fload, Poddoturu, Kadapa District. .....RESPONDENTS Petition Under Article 226 of the Constitution of lnclia praying that in the circumstances stated in the affidavit filed therewith; the High Court may be pleased to issue a Writ, Order or direction, more particularly in the nature of a Writ of lvlandamus, declaring the action on the part of the re,spondents in rejecting the petitioners online applications bearing No.2200475312 dated 1010512022, 2200691943 dated Ogl07l2O22 and 2200769361 dated 0210812022, for succession and incorporation of the name of the petitioner in place of his father in respect of the property admeasuring Ac.1 .09 Gnts in Survey No.284l B of Bachupally village and tvlandal, IVedchal - Itilalkajgiri District, without assigning any reason whatsoever and entering lhe names of the respondents No-.10 and 13, who have no manner of right whatsoever, illegally and without any notice or opportunity of being heard to the petitioner, in respect of Ac.0.24.50 Gnts and Ac.O.12.25 Gnts and in trying to incorporate their narres in respect of the remaining extent, in spite of the representations of the petilioner submitted to the second and third respondents dated 2710812022 and OY0\'12O22 respectively, as being itlegal, arbitrary and violative of principles of natural justice and violative of Articles 14, 21 and 300-4 of the Constitutton of lndia and further direct the respondents to incorporate the name of the petitioner in respect of the property admeasuring Ac.1.09 Gnts in Survey No.284/8 of Bachupally village and Mandal, tvledchal - Malkajgiri District, by deleting the illegal entries made in the names of the respondents No.10 and 13, who have no manner of right whatsoever, in respect of Ac.0.24.5O Gnts and Ac.0.12.25 Gnts. l.A.NO:1 OF 2022 Petition Under Section 15'1 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 respondents No.2 to 4 to consider the representations of the petitioner dated 27108t2O22 and O3lOBl2022 for incorporalion of the nameof the petitioner in respect of the property admeasuring Ac.1.09 Gnts in Survey No-284lBl 1 of Bachupally village and lvlandal,lrledchal-Ulalkajgiri District, by deleting the illegal entries made in the name of the respondents No.10 and 13, pending disposal of the main writ petition. |.A.NO:2 OF 2022 Petrtion 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 the respondents No.2 to 4 not to permit registration of any documents, in respect of the property admeasuring Ac.1.09 Gnts in Survey No284/13 of Bachupally village and frlandal, Medchal-lvlalkajgiri District or any part of parts thereof, pending disposal of the main writ petition. Counsel for the Petitioners : SRI SD.KHAJA PASHA Counsel for the Respondent Nos.1 to 4: AGP FOR REVENUE Counsel for the Respondent Nos.5 to9,11 & 12:' - Counsel for the Respondent No.10 : SRI SREENIVASA RAO VELIVELA Counsel for the Respondent No.13 : M/s SRICHARAN TELAPROLU The Court made the following ORDER I,l / HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.43252 of 2022 ORDER: This writ petition is filed under Artrcle 226 of the Constitution of India seeking following relief: "..-issue a Wit Order or direction more panlicularlg in the nature of a Wit of Mandarnus declaring the oction on the part of the respondents in rejecting tlrc petitioners onltne apy;lications becting No.220O475312 dated 1O/05/2022, 2200691943 dated 09/07/2022 and 220O769361 dated O2/ 08/ 2022, for successton and incorporation of the name of the petitioner in pLace of his Jather in respect of the propertg odmeasuing 4c.1.09 Gnts in Suruey No.284/B of Bachupollg uillage and Mandal Medchal Malkajgin Distict, t ithout assigning (tng reoson u)hatsoeuer and enteing the names of the respondenls 1{o- I0 and 13 tLho haue no ma nner of igltt whatsoeuer tllegally and uithout enA notice or oppoftunltA of beitrg heard to the petltioner in respect of Ac.O.2450 Gnts ond Ac.O.12.25 Gt'Lts ond ut tryina to incotporate their nafiEs in respect of the rernanttirtg ertent in spite of the representotions oJ the petitioner submitted to tlrc second and thirrt respondents dqted 27/ (t8/ 2022 and 03/08/2022 respectiueLA os being illegal, orbitrary and utolattue of pinciples of natural justice and uiokttiue of ArTicles 14, 21 qnd 300 A of the Constitutiort of India and jurlher direct the res,oondents to irtcorporate lhe tlame of the petitioner in respect of :he propertA admeasuring Ac.1.O9 Cnts irt Surueg No.284/B of Bachupallg uilLage arrd MarrdcLL Medchal MaLktlgin Distnct, bA detettrug the itlegal enties rnade in the naftLes of the respondents No./O and 13 u)ho haue no manner of itlht utltalsoeuer, tn respect of Ac.O.245{) Gnts end 4c.0.1225 Grrts ond pass... "

2. Considercd the submissior-rs of the learned counsel for the respcctive parties and perused the record

3. It is stated that the petitiolrer is thc owner and possessor of the land admeasuring Ac.1.O9 gtn, in Sy.No.284/B/ 1, situated at Bachupally Villagc and Mandal, having inherited the same. It is fur[her stated Lhat the petitioner's fathcr was allotted the subject 2 rr.aa:-i.l...r!''ti*' -,r..'Yi lxqtx property and other properties by sarf-E-Khas .I.rust. It is further stated that the petitioner,s father ciied in the year 2O2l leaving behind two sons and four daughters. It is stated that Lhe other siblings of the petltioner have orally relinquishcd their rights. in respect of the subject property in favour of the petitioner It is furlher stated that the petitioner has made online application dated 7O.O5.2O22 to respondent No.4 seeking for succession and incorporation of his name in place of his father and the said application has been rejected with the note "succession Application has been relected by Collcctor,,, without assigning any reasons. The grievance of the petitioner is that even though he has made several representations to the respondent authorities and pending examination of the same, relying on the fabricated documents, the respondcnts have incorporated the names of respondent Nos.10 to 13 in the revenue records in respect of thc land admeasuring Ac.O.24.50 gts., and Ac.O.1225 gts.

4. Learned counsel for respondent No.iO has submitted that respondent Nos.8 and 9 have purchased land admeasuring Ac.1.O3 gts., in Sy.No.284lB and Ac.O.14 gts., in Sy.No.285 /A, toLal admcasuring Ac. 1.23 gts., through registered Agrcement of Sale cum_ GPA dated 27.17.2005 and they, in t,.rrn, sold the said property in favour of respondent Nos.10 to 13 through registered sale deed dated 05.12.2OO5 and thereafter, responclent Nos. lO to 12 made an ../ / ar. I I I 3 applicatlon for mutation of their names in the revenue records in respect of the subject property. lt is submitted that- after conducting enquiry, the respondent authorities, uitTe Proceedings Nc>.A19379 12006, dated 28.11.2006 ordered for mutation of the names of respondent Nos.lO to 12 in respect of land admeasuring Ac.1.09 gts., in Sy.No.284lB and Ac.O.14 gts., in Sy.No.285/A and \ respondent No.12 disposed his share of prope:ty in favour of respondent No. 13 and disputing the right and entitlement of respondent Nos.7 to 13 .rnd consequential updation of their names in the revcnue records, the present writ petition is filed and prayed for dismissal of the writ petirion.

5. A careful cxamination of tl're facts wouid rev,:al that there are serious disputes over thc su1-'jcct property regarding title and possession. It is settlcd law that when disputes arc)se with regard to title and possession of the property, this Court, r,r'hile exercising its jurisdiction under Article 226 of tllLe Constitution of India, is imposed self-restrictions to entertain the writ petition as the same are required to be adjudicated before competent Civil Court, basing on the evidence.

6. For the aforesaid reasons, this Court is not inclined to grant any relief and accordingly, the Writ Petition is dismissed. It is 4 ,';:.-. ,,;; needless to observe that if the petitioner is having any grievance, he is at liberty to avail the remedies as avaiiable in law. As a sequel, miscellaneous apptications pending if any, shall stand closed. No costs I I i To SD/.P. CH. NAGABHUSHAMBA DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER

1. Two CCs to cP FOR REVENUE, High Court f e State of Telangana at Hyderabad. [OUT] One CQ to SRI SREENIVASA RAO VEL|VELA, One CC to SRI SD.KHAJA PASHA, Advocate [Op UC] One CC to lt//s SRICHARAN TELAPROLU, Advocate (OPUC) Two CD Copies vocate (OPUC) 2 3 4 5 SA BS I i,o .J ) t (-) 10 ,luu ry a c HIGH COURT DATED:1 510412025 ORDER WP.No.43252 of 2022 DISMISSING THE W.P WITHOUT COSTS. 4{4ce} Y-{ 7\ \/{-') ",yyt'

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments