Etyala Bhumaiah v. The State Of Telengana,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.3413 OF 2015

O R D E R

This writ petition is filed by the petitioners seeking a Writ of Mandamus declaring the action of the 2nd respondent in not incorporating the name of the petitioner in respect of H.No.1-1-1230, 1-1-1231 and 1-1-850/1, situated in Korutla, in the municipal records and not considering the representation dated 22.12.2014 made by the petitioner, as illegal and arbitrary. The case of the petitioner is that he filed a suit in O.S.No.37 of 2002 for partition of the properties therein. Later the Senior Civil Judge passed a final decree on 02.12.2014 allotting H.No.1-1-1230, 1-11231 and 1-1-850/1, situated at Korutla as his share directing the municipal authorities and revenue authorities to mutate the name of the petitioner in the concerned record. It is further stated that the petitioner has also paid Rs.

20,650/- towards stamp duty to engross the final decree. Thereafter, the petitioner made a representation on 22.12.2014 to the 2nd respondent requesting to incorporate his name in the municipal records. Though the 2nd respondent has received and acknowledged the same, no action has been initiated till date. Hence, the present writ petition. Heard the learned counsel for the petitioner. Sri D.Bhaskar Reddy, learned Standing counsel for 2nd respondent-Municipality submits that since there are rival claims in respect of the said property, the 2nd respondent issued notices to rival claimants calling for objections and necessary steps will be taken after considering the objections of the rival claimants.

In view of the submission made by the learned Standing counsel for the 2nd respondent, the 2nd respondent is directed to consider the representation made by the petitioner on 22.12.2014, after taking into account the objections received from the rival claimants and pass orders in accordance with law. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending if any shall stand closed. ___________________________ A.RAJASHEKER REDDY,J Date: 03.03.2015 dv