Gorre.Yadagiri v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.46735 OF 2018 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- "to issue an order, direction or writ more particularly one in the nature of Writ of mandamus declaring in action of the 5th respondent in not incorporating the petitioner's name in respect to the house bearing No.2-26 situated at Lingapur (vill), Ghanpur Gram Panchayath, Ghatkesar (M), Ranga Reddy (Dist) Now Medchal District as illegal, arbitrary and unjust and consequently direct the respondents to incorporate the petitioner's name in the village records of Lingapur (vill), Ghanpur Gram Panchayath, Ghatkesar (M), Ranga Reddy (Dist) Now Medchal District." 2.

It is the case of the petitioner that his father was allotted the aforementioned house by the Government in the year 1987 and since then, himself and his father were living in that house; that his father died in the year 1997 and since then, himself and his family members are staying in the said house; that he has been paying the house tax regularly, but in the year 2015, the name of respondent No.6 was incorporated in the village records and seeking deletion of the name of respondent No.6 from the village records in respect of the aforesaid house, he made a representation, dated 17.08.2017, to respondent Nos.4 and 5, but the same is not being considered by them.

3.

Learned Government Pleader for Revenue (TG) submits that except stating that the petitioner made a representation, dated

17.08.2017, to respondent Nos.4 and 5, no other particulars or details have been given by the petitioner in the said representation. 4.

An omnibus order cannot be passed against the respondent authorities directing them to consider the representation, dated 17.08.2017, of the petitioner without the petitioner first establishing his right over the subject property. 5.

Having regard to the submissions made by the learned Government Pleader, the petitioner is given liberty to approach respondent No.5 and make an application giving complete details seeking deletion of the name of respondent No.6 from the village records and incorporating his name in respect of the subject property, and if the said application is not considered, to take appropriate steps in accordance with law.

6.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

7.

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

___________________________________ JUSTICE CHALLA KODANDA RAM Date: 24.12.2018 AMD

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.46735 OF 2018 DATE: 24.12.2018 AMD