B.Vegneshwar S/O. Late B.Venu Gopal v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 40565 of 2015 BETWEEN B.Vigneshwar ... PETITIONER AND The State of Telangana, rep. by its Principal Secretary and others ...RESPONDENTS Date of Order pronounced: 15.12.2015 ORDER:

Heard.

2. Petitioner herein questions the order passed by the Revenue Divisional Officer (RDO), Chevella Division, third respondent, dated 07.07.2015, whereunder the Tahsildar conducted a detailed enquiry as per directions of the RDO and passed orders setting aside the Family Members Certificate earlier issued by the Tahsildar dated 04.02.2015 in view of the civil dispute pending between two wives of the deceased. A civil suit viz., O.S.No.41 of 2015 was also reported to be pending before the Junior Civil Judge, Parigi, wherein ad interim injunction was granted by the said Court in favour of the contesting respondent. Petitioner contends that the contesting respondent is not the legally wedded of the deceased.

3. Since the succession is in dispute it is appropriate for the petitioner as well as the contesting respondent to approach competent civil court for resolution of the said dispute and the revenue authorities cannot adjudicate on such questions. I, therefore, do not find any error as questioned by the petitioner in this writ petition.

Writ petition is accordingly dismissed. As a sequel the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J December 15, 2015 LMV