Sanku Laxmi Bai v. The District Panchayath Officer, Karimnagar District

THE HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.22623 of 2010 ORDER :

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the Respondent No.1 in passing the order, dated 31-12-2009 directing the Respondent No.3 to delete the name of the petitioner from the Grampanchayat records regarding the residential house No.3-22 of Kondrikarla Village of Metpally Mandal, Karimnagar District, as illegal and arbitrary.

2. The brief facts of the case are as follows : The petitioner herein, without there being any registered sale deed in her name, requested the authorities concerned to mutate her name in the Grampanchayat records regarding the residential house No.3-22 of Kondrikarla Village of Metpally Mandal, Karimnagar District.

Accordingly, her name was mutated in the concerned Grampanchayat records in respect of the said property. Thereafter, the Respondent No.4 herein gave a representation to the authorities that the said property belongs to his grand father and the mutation of the name of the petitioner without there being any document is illegal and requested to cancel the mutation. Accordingly, Respondents 2 and 3 have conducted an enquiry and thereafter cancelled the earlier mutation in the name of the petitioner herein. Aggrieved

by the same, the petitioner approached the Court and prayed this Court to issue a writ of Mandamus to direct the authorities concerned to mutate her name and cancel the order dated 3112-2009 passed by the Respondent No.1.

3. This Court heard the rival contentions and perused the records.

4. It is an admitted fact that originally the name of the grand father of the 4th respondent was in the records concerned and subsequently, only on the basis of the representation made by the petitioner herein, her name was incorporated in the records. When the same was questioned by the 4th respondent, authorities concerned have conducted proper enquiry and cancelled the said order. Hence, this Court is of the view that the writ petition can be disposed of with the following direction :

5. If the petitioner is aggrieved over the cancellation of mutation of her name in the Grampanchayat records regarding the residential house No.3-22 of Kondrikarla Village of Metpally Mandal, Karimnagar District, she is at liberty to give a fresh representation to the respondent concerned along with the documents which are necessary to mutate her name in the records concerned within a period of one month from the date of receipt of a copy of the order. On such representation being filed along with the necessary documents, the respondent concerned shall conduct an enquiry and decide the issue in accordance with law within a period of six weeks thereafter.

6. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous petitions pending, if any, in this Writ Petition are closed.

______________________ JUSTICE RAJA ELANGO 23rd January, 2015 skmr