Smt. Vepuriniharika v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23622 OF 2019 Dated:13.11.2019 Between:

Smt. Vepuri Niharika, W/o. Konda Mahesh, Occ: Housewife, R/o.Kotha Rangapuram Village, Tallada Mandal, Khammam District and another .. Petitioners And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23622 OF 2019 ORDER:

Heard learned counsel for the petitioners, learned Government Pleader for Revenue for respondents 1 and 2 and Sri K. Chinna Baba, learned counsel for respondent No.3. 2.

Petitioners claim that Smt. Vepuru Anasuyamma, the 3rd respondent, executed two gift deeds in favour of petitioners on 16.04.2011 gifting each of them land admeasuring Ac.1.30 guntas in Survey No.75/AA/2 of Rangapur Village, H/o. Muddunuru Gram Panchayat. By relying on the alleged two gift deeds, application in Form VI-A was submitted by the petitioners to the Tahsildar, Tallada Mandal, Khammam District, the 2nd respondent, requesting him to mutate their names in the revenue records. Alleging inaction on the said application, this Writ Petition is filed.

3.

Sri K. Chinna Baba, learned counsel for respondent No.3, made submissions on merits to contend that there was never such gift settlement deed and the gift settlement deed relied upon by the petitioners is not valid and mutation proceedings cannot be taken up relying on the said document. 4.

The Court is not entering into the respective claims having regard to the fact that the Tahsildar has taken up the application filed by the petitioners in Form VI-A and issued notices to the parties to appear before him. It is not denied by both the learned counsel that the said application is yet to be decided and the matter is pending consideration by the

- 3 - Tahsildar. Only apprehension of the petitioners is that inordinate delay would be caused in resolving the issue causing hardship to the respective parties.

5.

Having regard to the said submission, the Writ Petition is disposed of directing the 2nd respondent to finalize the proceedings pursuant to the application submitted by the petitioners for mutation of their names in ROR Case No.B/Revenue Appeals/433/2018 expeditiously by fixing the dates of hearing and intimating the same to the parties or their counsel in advance and on the date fixed, both parties shall appear in person or through their counsel and make submissions. If they do not appear on the date fixed, it is open to the Tahsildar to finalize the issue based on the record available. If the parties appear and make their submissions, on due consideration of the respective submissions by assigning reasons in support of the decision, the Tahsildar shall pass orders. The entire exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed. ____________________ P.NAVEEN RAO, J Date:13.11.2019 KH