Kummara Bhagyamma , Bhagya v. The Tahsildhar

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19453 of 2019 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of Respondents in not mutating the names of the petitioners No.1 and 2 in the revenue records as arbitrary, illegal and contrary to the provisions of ROR Act and consequently direct the Respondent No.1 not to entertain the application of respondent No.4 without giving the equal opportunity to the petitioner No.1 and 2 and respondent No.4 not to alienate or create any third party interest of the property."

2.

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for respondents 1 to 3.

3.

Originally the petitioners'

father late Kummera Kistaiah is the owner and possessor of the subject land. After his demise, his wife, the petitioners and the 4th respondent herein have succeeded to the property. While so, the 4th respondent, without partitioning the property into equal shares and entering the names of the petitioners in the revenue records, is trying to alienate the subject property in favour of third parties. Hence, the writ petition.

4.

The grievance of the petitioners is that though they submitted an application to the 1st respondent-Tahsildar on

28.08.2019, to mutate their names in the revenue records in respect of the subject land, the same is not being disposed of till date.

5.

This Court, having gone through the application, dated 28.08.2019, submitted by the petitioners, cannot consider their request on the ground that the application lacks the particulars. Therefore, liberty is given to the petitioners to approach the 1st respondent seeking information with respect to status of revenue entries, issuance of pass books, if any, in respect of the subject land and further, the entries in the revenue records, if any, have been altered from Late Kummera Kistaiah into any other name or in the name of the 4th respondent. Thereafter, it will be open to the petitioners to take appropriate steps and make a claim with respect to the subject properties.

6.

With the above direction, the Writ Petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ____________________________ CHALLA KODANDA RAM, J SEPTEMBER 11, 2019 YVL

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.19453 of 2019 Date:11.09.2019 YVL