Kukkala Padma v. The State Of Telangana

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM W RI T PETI TI ON No.1 9 4 9 4 of 2 0 1 9 ORDER:

It is the case of the petitioner that her husband-Kukkala Venkateswarlu is the legal heir of one late Kattaiah, and that her husband made an application to the 3rd respondent to mutate his name against the lands over an extent of Ac.0-34 guntas in Survey No.616 (old) part, 463 (new), and Ac.0-04 guntas in Survey No.617 (old) part, 464 (new), Ac.0-09 guntas in Survey No.619 (old) part, 466 (new), Ac.0-03 guntas in Survey No.620 (old), 467 (new); totaling to Ac.1-10 guntas, situated in Fort Warangal Mandal, Warangal District; as the successor-in-interest of late Kattaiah. Unfortunately, the petitioner's husband Kukkala Venkateswarlu also passed away on 19.07.2019. Though the application of the petitioner's husband was made as far back as 19.02.2019, the 3rd respondent had not acted upon the application. In those circumstances, the petitioner's seeks a writ of mandamus to the respondent authorities. Heard the learned counsel for the petitioner, and the learned Government Pleader for Revenue.

Having regard to the submissions made, the writ petition can be disposed of at the admission stage.

In terms of the A.P. Rights in Land and Pattadar Passbooks Act and the Rules made thereunder, the application for the purpose of mutation has to be made in Form VI(A) whenever a property is required to be transferred in the name of another individual, particularly, with respect to the cases falling within the scope of Section 4 of the Act. In the present case, the petitioner is claiming right as the surviving legal heir of her late husband Kukkala Venkateswarlu, who is the legal heir of late Kttaiah.

As on date, as no application in Form VI(A) has been made, the writ petition can be disposed of by giving liberty to the petitioner to make an application in Form VI(A) with necessary enclosures. As and when the petitioner makes such Online application to the 3rd respondent in Form VI(A) with necessary enclosures, the same shall be processed within a period of ten (10) weeks by following due procedure prescribed under the Act and the Rules made thereunder.

Subject to the above, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CHALLA KODANDA RAM, J 1 1 t h Sept em ber , 2 0 1 9 KSM

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM W RI T PETI TI ON No.1 9 4 9 4 of 2 0 1 9 1 1 t h Sept em ber , 2 0 1 9 KSM