Writ petitioner sought mutation of house property under a deceased father's will. Court observed lack of family consensus and advised settling disputes in civil courts. Petition dismissed.
None granted. Petitioner directed to settle family objections and approach civil courts.
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HIGH COURT FOR THE ST r"o;",I i 6,I5,3i l|lfaryf,*iAr HYD ERABAD
THURSDAY, THE ,*o rror=.'oo$[H DxY oFocroBER
PRESENT
THE HON'BLE SRI JUSTICE CHALLA KODANOA RAM
Betwee n:
WRIT PETITI ON NO: 1 0808 0 F 2020
Balri Rakesh Kumar. S/o.Late Srihari. Aged about 33 years. Occ: Advocate. il?;X#irt&lixamarpurvitraseind'N/Xilr1W;;;,,,ir',i ruio,'iioi,'iiili"'"'
..,PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of I,4andamus, declaring the action of Respondent Nos.5 and 6 in falling to consider the Representation of the Petitioner for mutation of the house property bearing H.No.9-21 and 9-22111 situated at Kamalapur Village and Mandal, Warangal District pursuant to the registered Will executed by petitioners deceased father dt.14.02.2016 as illegal, arbitrary, unconstitutional and contrary to the provisions of Panchayat Raj Act, 1994 and consequently direct the Respondent Nos.5 and 6 to consider the representation of the petitioner dt.04.07.2020 for mutation of the house property bearing No.9-21 and 9-22111 situated at Kamalapur Village and [t4andal, Warangal District in petitioners name as per the ownership certificate issued by Respondent No.6 dt.06.07.2020.
lA NO: 1 OF 2O2O
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos.5 and 6 to consider the representation of the petitioner dt.04.07.2020 for mutation of the house property bearing No.9-21 and 9-22111 situated at Kamalapur Village and I/andal, Warangal District, ln petitioners name as per the ownership certificate issued by Respondent No.6 dt.06.07.2020, in the interest of justice, pending disposal of the writ petition.
il2ll
IA NO: 2OF 20
Petition underSection 151 CPC prayingthat in the circumstances stated in the affidavit filed in supportof the petition, the High Court may be pleased to directthe Respondent Nos.5and 6 to mutate(the house propertybearing No 9-2'1 and 9-22111) after setfle the expenditureamounts to the petitioner and after giving1/3 to the Bairi Udayalukshmi(daughter)in the lnterest of justice, pending disposal of the writ petition.
Counsel for the Petitioner: SRl.M. JANARDHANRAO
Counsel for the Respondent No.1,3 to 5: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT
Counsel for the Respondent No.2: GP FOR REVENUE
Counsel for the Respondent No.6: SRI G. NARENDER REDDY, SC FOR GRAM PANCHAYAT
The Court made the following: ORDER
rHE HON'BLE SR' JUST'CE CHALLA KODANDA RAM WR'T PE TIT'ONNo. 10808of2 020 ORDER
ln this writ petition, grievance of the petitioner is that he submitted representation dated 04.07.2020 to respondent Nos.5 and 6 for mutation of hrs name with respect to the house property bearrng Nos.9-21 and 9-22111. situated at Kamalapur Village and lVlandal, Warangal District, stating that the said property belongs to his father, who is no more, but no orders have been passed so far.
Respondent No.6 filed a counter-affidavit stating that a notice dated 07.07.2020 was issued to the petitioner to submit necessary documents to enable them to consider his request, however, he had not complied with the same; that the objections were filed by one Sri D.Venumadhav, who is his elder brother and that it has no objection for mutating the property as per the Will.
Learned counsel for the petitioner submits that apart from brother, there is also one sister to the petitioner
ln those circumstances, the petitioner and other family members are permitted to arrive at consensus and submit proper documents before respondent No.6. Thereupon, the latter shall consider and process the application of the petitioner and others in accordance with the rules. lf there is no such consensus, it is for the petitioner to work out his remedies in the civil Court or approprtate foru m
Accordingly, the writpetition is disposed of
Miscellaneous petitions, if any,pending in this writpetition
shall stand disposed of. There shall be no order as to costs
SD/.K. SAIL HI ASSISTANT RE RAR ,TRUE COPY// SECTI N OFFICER
To,
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HIGHCOURT
DATED:08t1Ol2O2O
ORDER
W.P.No.10808of 2020
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10 ffoy 2020 I
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DISPOSING OF THEWRIT PETITION WITHOUT COTS
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1 issue framed by the court
Whether to entertain a writ petition seeking mutation of house property based on a registered will due to lack of consensus among family members.
BALRI RAKESH KUMAR
THE PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT
THE DISTRICT COLLECTOR, WARANGAL
THE DISTRICT PANCHAYAT OFFICER, WARANGAL
THE E.O.P.R.D
THE EXECUTIVE OFFICER, THE KAMALAPUR GRAM PANCHAYAT
CHALLA KODANDA RAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
