IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 22441 of 2014 BETWEEN Shanti Ramchandra Gurbani and others AND ... PETITIONERS The State of Telangana, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others.
...RESPONDENTS The Court made the following:
ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents.
2. This writ petition is filed questioning inaction on the part of respondent No.3 in considering and passing appropriate orders on the petitioners’ application for grant of succession and mutation of the land, in question. Said application appears to have been filed by the petitioners as legal heirs of one Radhabai Choithrum, the allottee of various extents of land in S.Nos.115, 123, 137, 141 and 267 of Malkapur Village, Choutuppal Mandal, Nalgonda District. It is stated that the said allottee i.e., Radhabai Choithrum died on 13.01.1993 at Mumbai leaving behind the petitioners. It is also stated that petitioner Nos.1 to 4 herein had obtained a legal heir certificate (succession certificate) from the Civil Judge, S.D.Kalyan at Kalyan and the present application was stated to have been made by petitioner Nos.1 to 5 on 27.06.2005 and on account of its pendency for all these years, alleging inaction, the present writ petition is filed.
3. It is apparent from the record that the property, in question, is an evacuee property and is claimed to have been allotted to one Smt.Radhabai Choitrum.
4. Learned Government Pleader, who has received instructions in the matter, submits that the dispute relating to the evacuee property and allotments were subject matter of various litigations and ultimately settled before the Supreme Court by dismissal of S.L.P.No.6072/12 as withdrawn on 29.07.2013. The Government issued memos, dated 26.03.2008 and 20.03.2013, for giving possession of the subject lands to the legal heirs and for implementation of the earlier memo, respectively. Insofar as the petitioners’ application for succession is concerned, it is stated that the RDO, Bhongir, had already directed to establish the genuineness of the claims of each of the petitioners as legal heirs by conducting appropriate enquiry to enable the implementation of the orders of the Government.
5. It is evident from the above that petitioners’ application for succession and mutation, recognizing them as legal heirs and successors, is pending with respondent No.3 from 27.06.2005 onwards and keeping it pending any further would not be justified on any ground, inasmuch as the litigation has finally culminated by the orders of the Hon’ble Supreme Court, referred to above. Petitioners claim that they have already been granted legal heirs certificate by the competent civil court, as referred to above. In my view, therefore, without loss of further time, respondent No.3 shall look into the petitioners’ representation, referred to above, followed by further representation, dated 03.08.2007.
Writ petition is, therefore, disposed of directing respondent No.3 to complete the necessary enquiry and pass appropriate orders on the representation of the petitioners, referred to above, expeditiously, in any case, within four weeks from the date of receipt of a copy of this order. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J August 22, 2014 LMV