The High Court · 2025

stitution of lndia praying that in the therewith, the High Court may be rticularly one in the nature of writ of Certiorari declaring the Order No. J/936/201 respondent as illegal, arbitrary and violativ consequently seeking a direction to set asid dated 04-07-2018 issued by the 3rd of principals of natural Justice and the Order No. J/936/2018 dated 04- 07-2018 issued by the 3rd respondent. l.A.NO:1 OF 2018 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 stay all further proceedings in pursuant to the Order No. J/936/2018 dated 04-07-20'18 issued by the 3rd respondent pending disposal of the writ petition or else the petitioner herein will be put to irreparable loss and hardship. Counsel for the Petitioner : SRI L.PRABHAKAR REDDY Counsel for the Respondent Nos.1 to4:Ms. S.SRAVANTHI, AGP FOR REVENUE Counsel forthe Respondent No.5: SRI P.NAGENDRA REDDY The Court made the following ORDER THE HON'BLE SRI JUST CE K.SARATH WRIT PETITION No.42 53 0F 2018 OR.DER: Heard Sri L.Prabhakar R ddy, learned counsel appearing for the petitioner, M S.Sravanthi, learned Assistant Government Pleader fo Revenue appearing for the officia,l respondent Nos.1 to 4 and Sri P.Nagendra Reddy, learned Counsel appe ing for Lhe unof{icial respondent No.S and perused he entire materia l on record

2. This writ pe tition is fil d by the petitioner challenging the order passed by e respondent No.3 in Order No.J/936 l2OI8, dated 04. 7.2OLB by setting aside the Family Member Certif,rcate is ued by the respondent No.4 in favour of the petitione and respondent No.S dated 15.07.2016 and the same s set aside by the RDO on the ground that the Tahsild is not the competent authorit5r to issue Family Membe Certihcate. r46*trel.=:, 'I o SI{.J W.P.No.423S3 oJ 20i8

3. After hearing both sides and perusing the material on record, this Court is ol the considerecl view that this Court in D.Leelauathi @, Lauanga u. Director of Mines q'nd Geologg, Hgderabadt heid that tl.re lahsildar is not the competent authority for granting legal heir certificate arrd the relevant portion of tl_re said order is as follou,s "Thi.s Court in G. Vijaga Bhaskar and. others u. MamLctl Reuenue Officer, Manopad Mandal, Illct.haboobnagttr District tJnrepofted d.ecision datud O L 02.2OO I W.P.No.743O of 2000, held. that the issue rt:lati.ru1 to le,gal heirs of deceased. persons hos to be ,l""id.a by the competent Court of Ciuil juriscliction and. it i.s ctpen to the prtrlies to pursue the remed.ies aua able in. Latu and it is not open to Mandal Reuenue Off.cer/ Tahstlclar to tssue certtficates about fam y members. In uieut of the d_ecisiort irL G. Vijaga Bhaskor and others u. Manrlal Reuenue OfJicer, Manopad_ Mand.al, Mahaboobnagar District, it has to be held that certificates dated 25.O1.2OO2 anrj 29.05.2O02 issuecl bg respond_ent No.4 are utithou L jurisdi.ction ancl. are th.erefore null and. uoicl. Therefore the consequent orders dated. 12.07.2002 and 20.11.2OO3 of respondent No.2 recognizing petitioner No. j '2013-fg ) Ar.r 48e (s.8.) , I 3 SK,J W.P.No.42353 of 2O18 Thirupollamma an succe.sso Reddg ond D.China Subha family member ceflilicalcs is also not legal and ualid as le.s.sees of D.Siua Shankar Reddg basiq on the said ued by respondent No.4 are o independent enquirg u.tas d ne a resp o nden b o t o 2 b e e granting them." The hnding of the above udgment is squarely apply to the instant case and the espondent No.4 is not the competent authority to rssue ga1 Heir Certificate to the petitioner and the responden No.S. In view of the same. I the respondent No.3 has ri tly set aside the impugned Family Member Certihcate iss ed by the Tahsildar.

4. In the instant case, he deceased was not a Government servant. In vi w of the same, the order passed by the Tahsildar in Lr.No.B/ 1959/2018, dated

23.O6.2O1a and also conseq ential order passed by the respondent No.3 in Ord r No.J /936 /2078, dated

04.O7.2018 are hereby liable o be set aside.

5. In view of the submissi s made by both sides, this writ petition is disposed of b granting liberty to both the 4 SK,J W.P.No.42353 oJ' 20 1a parties to approach competent Court with regard to the succession o1- the suit schedule property. Thcrr: shall bc no order as to costs 6 Miscellaneous petitions, if aly, pending shall star-rcl c1o sed. //TRUE COPY// A.SRINIVAS REDDY SIANT REGISTRAR SD/. ^'fi' CTION OFFICER );* ,),e of Telangana at 1 The Secretary. Revenue Department, Secretariat' S Hvderabad. , it;i'.t;;i collector. suryapet District' Telangana state "R;;;6 oiri.rnrt offiter, Kodad' suryapet District : +il; ; +ii; il;;iil;, kodad rr'ranJii 5urvapet Disirict' Telanoana State' 5 rwo ccs to GP ron nev-'EiiUE, o 6i,""cCi" s'nrl.hnneHnKAR REDDY' Advocate. [oPUC] ;. 5'# d6 i; sRi F.NAcer'lonn REDDY' Advocate (oPUc) 8. Two CD CoPies Hvderabad. [OUT] 'ri'eirt b"i''i r"i the Stite of relansana at To SAJBSK . .-.ld*i I HIGH COURT DATED:1810712025 ORDER WP.No.42353 of 2018 ,,,- ,1.cr t,li SI4r e ?tc a 12 rUE zffi P -Di:Snu,, r.r,''^ DISPOSING OF THE W.P WITHOUT COSTS. u 7A 1)