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High Court for State of TelanganaWP/26544/2016dismissed

Uppari Kommula Kondamma, v. The State Of Telangana,

2016-08-23A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.26544 OF 2016

O R D E R

The case of the petitioner is that her husband purchased the land admeasuring Ac.2-00 guntas in Sy.No.335 situated at Manthani Village, Nagarkurnool Mandal, Mahboobnagar District by virtue of registered sale deed vide Doc.No.1668/1985, dated 21.05.1985. While so, in the absence of petitioner, the 7th respondent who is none other than the daughter in law of the petitioner impersonated her brother as her husband and executed a gift deed vide Doc.No.648/2006, dated 30.01.2006 in favour of her minor son. Knowing the same, the petitioner made representations dated 27.06.2006, 14.12.2009, 12.02.2013 and 29.07.2016 to the respondent authorities requesting to delete the names of the persons mutated in the revenue records, who have no interest over the subject property and that the mutation was made without any notice to the petitioner and thus the entries in records are illegal and void. But so far no action has been taken by the authorities on the said representations. Aggrieved by the same, the present writ petition is filed.

Heard both sides.

Petitioner is alleging impersonation in execution of registered sale deeds and basing on the same mutation took place in the revenue records. These aspects cannot be decided by revenue authorities. Since already police registered criminal cases against the same, it is for them to take further action in accordance with law. The petitioner has an alternative remedy under Section 8(2)

of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act') and also under Section 31 of Specific Relief Act.

In view of the same, I am not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to avail alternative remedy available under Section 8(2) of the Act. No costs.

As a sequel, miscellaneous petitions pending if any, shall stand closed.

____________________________ A.RAJASHEKER REDDY,J Date: 23.08.2016 dv