Sri Mohd. Ashfaq Qureshi v. The State Of Telangana
[ 3183 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 1188 OF 2024 l Between:
l Sri Mohd. Ashfaq Qureshi, S/o Late. Mohd. Gulam Mustafa Qurestri, 4g9.09 Years, Occ Business, R/o. Dharoor Village and Mandal, R. R. District, presently residing at H.No.15-134, Wadi E Omer, Balapur, Ranga Reddy Diskict' T S ...PETrroNER AND '1 . The State Of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The District Collector, Vikarabad District, Telangana State.
3. The Tahsildar, Dharoor Mandal, Rampur Village, Vikarabad District, Telangana State ...RESP.NDENT.
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order or orders or direction more in nature of mandamus by declaring the action of the respondent. No. 2 and 3 in not considering the petitioners online application No. 23008408'14 dt 15. 11. 2023 for succession and mutation of petitioners names in online dharani records in respect of land admeasuring Ac.21- 32 Gts in Survey no. '12 and land admeasuring Ac. 18- 12 Gts in Survey no. 14 situated at Rampur Village, Dharoor Mandal, Vikarabad District, T. S. , as illegal, arbitrary and contrary to the law and consequently direct the respondents 2 and 3 herein to forthwith consider the petitioners online application No. 2300840814 dt 15. 11. 2023 for succession and mutation of petitioners name.
lA NO: 1 OF 2024 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 respondent nos.2 and 3 herein to forthwith consider petitioners online application No. 23008408 14 dt 15. 11. 2023 for succession and mutation of petitioners names in online dharani records in respect of land adrheasuring Ac. 2132 Gts in Survey r/o. 12 and land admeasuring Ac. 18- 12 Gts in Survey no. 14 situated at Rampur Village, Dharoor Mandal, Vikarabad District, T. S. , pending disposal of the above writ petition.
Counsel for the Petitioner: SRI HASSAN HUSSAIN JUNA|DI Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.ll88 OF 2024 ORDER (oRAL) This writ petition is filed by the petitioner seeking to declare action of respondents No.2 and 3 in not considering petitioner's Dharani application No.2300840814, dated 15.11.2023, for grant of succession and mutating the name of the petitioner in respect of the land admeasuring Acs.2l-32 guntas ln Survey No.l2 and Acs. I 8- I 2 guntas in Survey No. 14, situated at Rampur Village, Dharoor Manda[, Vikarabad District, as being illegal, arbitrary and unconstitutional .
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Heard learned counsel for the petitioner and leamed Assistant Govemment Pleader for Revenue appearing for respondents and perused the material available on record. 3.
It is stated that originally Smt. Fazalunissa Begum Wo Late Mohd. Gulam Mustafa Qureshi, the mother of the petitioner was the owner and possessor of the subject land and her name was mutated in the revenue records in respect of the same. It is submitted that Smt. Fazalunissa Begum died on 23 .11 .1970, leaving behind the petitioner and his father, Mr. Mohd. Gulam
I Mustafa Qureshi, as her legal heirs and the subject land fell to the share of the petitioner. It is further submitted that the father of the petitioner also died in the year 1979 and the petitioner had been in possession and enjoyment of the subject land. That on apptication of the petitioner for issuing succession/mutation proceedings in respect of the subject land, the District Collector, Vikarabad addressed letter dated 10.02.2015 to respondent No.3 to take appropriate action on implementation of succession/mutation proceedings in respect of the subject land. Respondent No.2 also addressed a letter dated 01.07.2015 to respondent No.3 to act upon the application submitted by the petitioner but no action has been taken tilt date. It is submitted that respondent No.
3 directed the petitioner to submit Dharani application through proper module for grant of succession in respect of the subject land. On being advised, the petitioner submitted Dharani application No.2300840814, dated 15.11.2023, for grant of succession and for mutating his name in respect of the subject land but the petitioner did not receive any response. The grievance of the petitioner is that there is a delay on the part of the respondents in disposing of the application submitted by the petitioner, as such, he is constrained to approach this Court.
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Leamed Assistant Govemment Pleader for Revenue submitted that appropriate action will be taken on the Dharani application of the petitioner, in accordance with law 5.
Recording the aforesaid submission, the writ petition 1S disposed of directing respondents No.2 and 3 to consider petitioner's Dharani application No.2300840814, dated 15.11.2023, for grant of succession and mutating the name of the petitioner in respect of the land admeasuring Acs.2l-32 guntas in Survey No. 12 and Acs. I 8- l2 guntas in Survey No. I 4, situated at Rampur Village, Dharoor Mandal, Vikarabad District, by issuing notice to all concemed/interested persons, and pass orders, tn accordance with law, within a period of forty five (45) days from the date of receipt ofa copy of this order. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
SD/-N. RAJAGOPAL AssrsiA'r.iiiirffi^U \ //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State Of Telangana.
2. The District Collector, Vikarabad District, Telangana State.
3. The Tahsildar, Dharoor Mandal, Rampur Village, Vikarabad District, Telangana State.
4. One CC to SRI HASSAN HUSSAIN JUNAIDI, Advocate IOPUC]
5. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]
6. Two CD Copies PSK.
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CC TODAY HIGH COURT DATED:1210112024 E st{
ORDER
q Jo 1 2 JAll 202[ WP.No.1188 of 2024 * * DE.]:, DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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