Smt. Vithabai Mysker v. State of Telangana
Case brief
What is this about?
The court held that as the respondent authorities kept the entire mutation case in abeyance due to a pending civil dispute over title, there is no cause of action to challenge the notice at that stage. The petition was closed without prejudice to future adverse orders.
What the court decided
THE HON’BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7789 of 2019
O R D E R:
Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for the 1st respondent and Sri N. Praveen Kumar, learned Standing Counsel for the 2nd respondent.
- The petitioner challenges the notice dated 01.02.2019 issued by the 2nd respondent keeping in abeyance the mutation proceedings sanctioned in her favour with respect to the property bearing H.No.7-3-37/1 situated at Nirmal Town, Nirmal District, as illegal and arbitrary.
- The petitioner asserts that she is the absolute owner and possessor the aforesaid property and that she had purchased the open space on the north of the Officer’s Club compound wall through registered sale deed dated 17.07.1958 from Mr.N. Gangadhar Goud, and that on her application, the said open space was mutated on her name in the municipal records and construction permission was also granted in her favour. She further asserts that as she leased out the said premises, there were civil proceedings before the various Courts including Second Appeal before this Court and that the 3rd and 4th respondents having failed their attempts had approached the Municipal Authorities for cancellation of mutation in her name, pursuant to which, a notice was issued to her on 05.01.2019, for which, she has submitted a
CKR, J W.P.No.7789 of 2019
2
Issues for consideration
1 issue framed by the court
Whether there is a cause of action to challenge a notice keeping mutation proceedings in abeyance due to a pending title dispute.
Parties & counsel
- petitioner
Petitioner
- respondent
Municipal Administration and Urban Development
- respondent
2nd Respondent
Coram
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · April
- Registered
- Case no.
- WP/7789/2019
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