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High Court for State of TelanganaWP/15851/2016disposed of no costs

Dubbaka Ramulamma v. State Of Telangana, Rep. By Its Prl. Secretary To Government

2016-06-01A.Rajasheker Reddy5 pages

HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.15851 OF 2016 ORDER:

The case of the petitioners is that they are the legal heirs of one Dubbaka Mallaiah. That Dubbak Mallaiah inherited Ac.1-12 guntas of land in Sy. No.10/A at Gulam Aliguda Village, Medipally Gram Panchayat, Ghatkesar Mandal, Ranga Reddy District. That before his death, late Dubbaka Mallaiah executed a general power of attorney in favour of one B. Ramadas and the said GPA lapsed on its own, due to the demise of Dubbaka Mallaiah. While matters stood thus, the petitioners through mutual consensus partitioned the land in question vide partition deed dated 21-09-2015 and taken respective shares in pursuance thereof.

Consequently, the petitioners made applications to the 3rd respondent-Tahsildar, Ghatkesar Mandal, for mutation of their names in respect of the land in question, as per the partitioned deed dated 21-092015, but the 3rd respondent instead of mutating their names, issued notices to them and also to the said B. Ramadas, pursuant thereto the said B. Ramadas filed objections for mutation of names of the petitioners in the revenue records in respect of the lands.

issued to the petitioners under Rule 19 (1) of the Rules framed under AP Rights in Land and Pattadar Pass Books Act, 1971 and the petitioners have also submitted reply by way of representation dated 16-04-2016 stating that the documents filed by the said B.Ramadas are no way concerned with the lands of the petitioners, but till today no orders are passed by the 3rd respondent. Hence, this writ petition.

2. Heard learned counsel for the petitioners and the learned Government Pleader for Revenue.

3. Inasmuch as the application filed by the petitioners for mutation of their names, in the revenue records in respect of the lands in question is pending with the 3rd respondent, and also in view of the fact that the petitioners have already submitted their explanation dated 16-04-2016 to the notices issued by the 3rd respondent, the writ petition is disposed of directing the 3rd respondent to consider the application made by the petitioners for mutation of their names in the revenue records in respect of the land in question, in accordance with law, after issuing notices to the affected parties and pass appropriate orders thereon within a period of four weeks from the date of receipt of a copy of this order. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall also stand disposed of. There shall be no order as to costs.

__________________________ A.RAJASHEKER REDDY, J Dated: 01-06-2016 NRG HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY

W.P.No.15851 OF 2016 Date: 01-06-2016 //WEB// NRG