Petitioners challenged a gift settlement deed as executed by a deceased grand mother and sought mutation in their favor. The Court held such disputes warrant civil court examination and disposed of the writ upon withdrawal.
The writ petition was dismissed as withdrawn with liberty to pursue available alternate remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3168 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
MONDAY ,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITI ON NO:103340F 2023
Between:
,..PETITIONERS
AN D 1. rqq by its_Pri ncipa I Secretary, Revenue Departmenr 2. 9ltt"^gJ.T"l" I he District collector. Medak District"gang,
...RESPONDENTS
Petition under Article 226 of the constltution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High-cJurt may be pleased to issue writ order or direction more particularly one in the nature of writ of .certiorari calling the records relating to the execution of gift setflemenl deed vide Doc No 1632/1998 dated 12.8.199g in favour of the resf,ondent No. 3 (sale deed in favour of the respondent No. 5 as per the Encumbrance certificate vide locNo. 1632/1998) for the land in survey No. 2BB extent Ac 1.00gts situated at shiwampet village and mandar, Medal( district alleged to be exlcuted by the death person i.e, grand mother of the petitioner died on 29.s.i990 eventhtugh the land in survey No. 288 is only 0.36 gts, obtained the gift setflement deed in collusion with the respondent No.3 consequently direct the respondents to mutate the names of the petitioners and issue pass books lA NO: 1 OF 2023
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 dispense with the filing of the certiifed copy of registered gift setflement deed vide Doc No. 1632/1998 dated 12.8.1998 on the file of sub Registrar Narsapur pending disposal of the above writ petition and pass such otheiorder or orders may deem fit and proper in the circumstances of the case
IANO:2OF2 023
Petition under section 'r 51 cpc praying that in the circrms tances stated in the.affidavit filed ir support of the peiitio;, ihu flign Court may U" pl"rr"J t" direct the respondent: to cancer the gift setrement deed vide D.c trlo. 1 632/.1g9g dated 12'8 1998 ar; 1er the documelnt in favour ti th" ,.erp,rnc"r,i rrro.7'i."r" deed as per the encu nbrance certificate in favour the respondr:nt No. 5) for the land in survey No. 2 iB extent Ac 0.36 gts situiteO ,t Si-,ir,,r,ni,,i Mandal, Medak Distrir t pending disposal df tn" uOor" writ peti ion "iffJgu'unO
Counsel for the petiti, rner: SRl. GUDI MADHUSUDHAN REDDy
Counsel for the Respr,ndents No.1to4: AGp FOR REVENUE
Counsel forthe Resp< ndent No.5 :AGp FOR HOME
The Court made the fc llowing: ORDER
I J
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION No.10334 OF 2023
ORDER:
Heard Sri G.Madhusudhan Reddy, Ieamed counsel for the petitioners, leamed Asst.Govt.Pleader for Revenue and leamed Asst.Govt.Pleader for Home. Perused the record.
2
on the date cl- er ec:ution ol the said docuntent, Snrt.V.Fu: hprrrn,la, thc executant dicd. ln proof ol' the sar;re, he has filed a c,rpl, c I the said death ceftificate I{owever, respondents beirrg r{ecor.Jing Authority under RoR Act, :a,n.t consider the said aspects. Ir is for rhe :ivii court which has t. c<tnr ider the said aspects. Thereforc, t^c petition<:rs are not cntitlcd for lhc r' :lief sought in thc presenr rvrit pctitior i,nd ir is civil court which ha:; [r , s6n5ide'r the sard aspects.
-5.Recorrlir q the said submission, this writ pcrition is disrnissecl as
withdrawn u,ith Iireruy- to pursue available altenratc rcnrer ii,s.
_Consequt:n1Ly. nriscellaneouspetitions, il anr . penrlir g, ;hal I also stand cJosed.
SD/.V.KAVITHA ASSIS;TANT REGISTRAR //TRUE COPY//
Sl:CllON OFFICER
To,
HIGH COURT
DATED:1710412023
ORDER
WP.No.10334 ot 2023
. -ltl
I ''r C" "
i illlY 2[U]
DISMISSING tHE WRIT PETITION WITHOU]- COSTS
6., gr..\i.1r(\v'
2 issues framed by the court
Whether the High Court can direct mutation and issuance of passbooks based on a alleged fraudulently executed gift settlement deed executed by a deceased person.
Whether such allegations regarding the validity of a registered document fall within the jurisdiction of the Writ Court or must be examined by a civil court.
2 provisions across 2 enactments
V. Prakash Goud
One r by its Principal Secretary, Revenue Department
District Collector, Medak District
The Sub Registrar, Narsapur
The Tahasildar cum Joint sub registrar, shivampet mandal
The Superintendent of police, Medak District
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
