Sabiha Sultana v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21776 OF 2019 DATED :14.10.2019 Between :

Sabiha Sultana W/o.Dr.Ahmed Abdul Basheer, Aged about 50 yrs, Occu : Housewife, R/o.H.No.5-1-72, Opp : Clock Tower, Nalgonda District.

.. Petitioner And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21776 OF 2019 ORDER :

Heard learned counsel for the petitioner and learned Government Pleader for Revenue for respondents 1 to 3. 2.

Petitioner claims that she has succeeded to Badrunnisa Begum. The land to an extent of Ac.13-00 guntas in Sy.Nos.16, 17 and 19 of Bhagyapalli Yalal Mandal, Vikarabad District, was standing in the name of her mother. Her mother was having seven children including the petitioner. Petitioner alleges that illegally her two brothers got their names mutated in the revenue records over the entire extent without apportioning the land to her. Petitioner filed O.S.No.554 of 2017 on the file of II Additional Chief Judge, Hyderabad to grant decree of partition and separate possession and during pendency of the said suit, illegally the names of her brothers was mutated.

On 28.08.2019 petitioner made representation to the Tahsildar, Yalal Mandal-3rd respondent to conduct enquiry and to pass order to include their names in the revenue records.

3.

Admittedly, the names of two brothers of petitioners were mutated in the revenue records. Once mutation is carried out, the Tahsildar has no role to conduct any further enquiry. If petitioner is aggrieved by the decision of mutation, she has to go in appeal before the Revenue Divisional Officer or file Revision before the Joint Collector. As the representation to undertake further enquiry is not permissible, no relief as sought for can be granted.

- 3 - 4.

Writ Petition is accordingly, dismissed. However, liberty is granted to petitioner to avail the remedy of appeal or Revision as may be advised, challenging the mutation granted by the Tahsildar in favour of respondents 4 and 5. Pending miscellaneous petitions, if any, shall stand closed.

__________________ P.NAVEEN RAO,J 14th October, 2019 Rds