Durgam Laxmaiah v. The State Of Telangana

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF MAY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.15486 of 2015 BETWEEN Durgam Laxmaiah ... PETITIONER AND State of Telangana, rep. by its Principal Secretary and others ...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. Petitioner states that his father Durga Chinna Mallaiah was the absolute owner of property in survey No.3/W in an extent of Ac.2-75 cents Akenapally Village of Bellampally Mandal, Adilabad District. The father of the petitioner died on 07.04.2010. Thereafter, petitioner made several applications by approaching respondent No.3 for grant of succession. Petitioner states that in the family settlement, said land was allotted to the petitioner. It is stated that ultimately on the application of the petitioner dated 13.02.2014, respondent No.3 issued advertisement, dated 10.09.2014 calling all the individuals, who have objections, to appear before the Tahsildar on 17.09.2014 with documents. Petitioner has produced the copy of the statements recorded by him and his two brothers. Petitioner states that thereafter no final orders are passed by the Tahsildar though enquiry was completed on 17.09.2014. Hence, to that extent the relief in the present writ petition is sought.

3. Evidently, petitioner seeks succession and consequential mutation in his name on the basis of death of his father and the family settlement as alleged. It is stated that the Tahsildar has already completed requisite enquiry and recorded statements. If that be so, there is no reason why respondent No.3 should keep the orders pending with regard to petitioner's request for grant of succession/mutation in his favour. Writ petition is, therefore, disposed of directing respondent No.3 to take appropriate decision in the matter on the basis of enquiry report conducted by him and pass appropriate orders preferably within four weeks from the date of receipt of a copy of the order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J

June 3, 2015 Lmv