Smt. G Uma Devi Hyderabad And 2 Otrs. v. The State Of Ts. Home Hyderabad And 2 Otrs.

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Appeal No.122 of 2017 Judgment: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) A writ of prohibition is sought contending that the XXIII Metropolitan Magistrate, Upparapalli, Rajendranagar, Ranga Reddy District, lacks jurisdiction to examine the validity of a will in D.V.C. proceedings. Though a writ of prohibition would lie in such matters, the learned Single Judge has sustained the objection of the registry.

We are satisfied that the writ petition ought to have been entertained as, in any event, the maintainability of the writ petition can also be examined at the stage of admission of the writ petition. The order under appeal, sustaining the objection of the registry, is set aside. The writ petition shall be numbered and listed before the appropriate Bench.

The writ appeal is disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (Dr. SHAMEEM AKTHER, J) 1st February, 2017 Note:

Furnish c.c. today.

b/o pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Writ Appeal No.122 of 2017 Date: 1.2.2017 pnb