Disposed

Kunta Akhileshwari v. The state of Telangana

Telangana HC4 Apr 2024WP/8902/2024

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition challenging inaction in considering objections to an online succession application regarding agricultural land. The Court directed officials to consider objections and afford a hearing opportunity within eight weeks.

What did the court decide?

Directed Respondents 2 and 4 to consider objections, give notice for hearing, pass reasoned orders, and complete within 8 weeks; no order as to costs.

Kunta Akhileshwari Vs The state of Telangana — Property and Title | Telangana HC (2024)

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[3168 ]

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HIGH COURTFOR THE STATE^{OF TELANGANA} AT HYDERABAO (Special Original Jurisdiction)

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THURSDAY, THE FOURTH DAYOF^APRIL TWO THOUSAND AND TWENTY^FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION NO:8902 OF 2024

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Between:

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I Kunta Akhileshwari, D/o. Kunta Jenna^{ReddyAged about27 years,Occ.} Private Employee H.M. 1-i2-3lgl1,^{Jambikunta, Medak District,Telangana-} 502110

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2 Kunta Amareshwari, D/o. Kunta Jenna^{ReddyAged about 26 yea1s, Occ.} Student, H.No. 1-12-3lg/1 , Jambikunta,^{Medak District, t,rnnrl?;E9i#3=*.}

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AND

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The state of Telangana,^{Rep by its Principal Secretary, Revenue Department,} Secretariat Buildings,^Hyderabad

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The District Collecfor,^{M-edchal-Malkajgiri District, Telanagana}

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The Revenue Divisional Officer,^{MedChalMandal, Medchal-Maikajgiri District.'} Telangana

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The M-andal Revenue Officer^{cum Joint sub-Registrar, Medchal Mandal,} Medchal-Malkajgiri District.,^Telangana

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Kunta Akhileshviar^{Reddy, S/o.Ku-ntaJenna Reddy Medchal Mandal,} Medchal-Malkaigiri District., Telangana

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...RES'.NDENT'

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Petition under Article 226 of the Constitution^{of lndia praying that in the} circumstances stated in the^{affidavit filedtherewith, the High Court may be} pleased to issue an appropriate Writ, Order, or Direction,^{more specifically onein} the form of a writ of Mandamus declaring^{the inaction of the official respondentsin} considering the representations^{made on 13-03-2024in respect of agricultureland} admeasuring Ac. 1-25^gts., in^{surveyNo. 18/EE/1 situated at Gosayiguda Village,} Medchai Mandal, Kessara Division,^{Medchal-MalkajgiriDistrict, Telangana is} illegal, arbitrary, unconstitutional and against^{the principles of naturaljusticeand} consequently- direct the official^{respondents to reiect the applicationNo.} 2400095162 daled 24.02.2024^{made by sth respondeni in respectof agriculture} land admeasuring Ac. 1-25^{gts., in surveyNo. 1alEE/1 situated at Gosayiguda} Village, Medchal Mandal, Kessara^{Division, Medchal-Malkaigiri District, Telangana}

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lA NO: 1 OF 2024

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Petition under Section 151 CPC^{prayingthat in the circumstances statedin} the affidavit filed in support of the^petition, the^{High Court maybe pleased to direct} the official respondents not to entertain^{registrationimortgage/ transferof namein} respect of agriculture land admeasuring Ac.^{1-25 gts., in} survey No.^18/EE/1 situated at Gosayiguda Village, Medchal Mandal,^Kessara Division,^Medchal- Malkajgiri District, Telangana^pending disposal of the above writ^petition Counsel for the Petitioner: SRI JANARDHAN GdUD SUNKARI

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Counsel for Respondent Nos. I to 4: AGP FOR REVENUE

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Counsel for Respondent No. 5: --

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE K. LAKSHMAN

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WRIT PETITION No.89O2 2o24

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ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing on behalfofrespondent Nos.1 to 4.

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In view of nature of relief sought, this Writ Petition is disposed of, at the admission stage dispensing with notice to respondent No.5.

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According to the petitioners, their father i.e., late Kunta Jenna Reddy was the absolute owner and possessor of the land admeasuring Ac.1-25 gts 1n Sy.No.18/6a11 and Ac.O-37.5 in Sy.No.19 situated at Gosayiguda Village, Medchal Mandal, Kessara Division, Medchal-Malkajgiri District, Telangana. In proof the same, they have filed a copy of old pattadar passbooks, latest pattadar passbooks and title deeds. Their father died on 3I.O1.2O24. Their father was having two wives i.e., mother of petitioners and mother of respondent No.5.

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Suppressing the said fact, respondent No.5 had submitted succession online application vide No.24OO095162, dated 24.O2.2024 with respondent No.4 with a request to issue succession certif,rcate in respect of the subject propert5r. Petitioners have submitted objections dated 13.O3.2024 with respondent No.4. Without considering the sarne, respondent No.4 is proceeding to consider the online application submitted by respondent No.5. Therefore, the present Writ petition.

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In view of the aforesaid facts, this writ petition is disposed off, directing respondent Nos.2 and 4 to consider the objections dated L3.O3.2O24 submitted by the petitioners, while considering the succession application No.2400095162 submitted by respondent No.5 and pass appropriate orders strictly in accordance wjth law by putting the petitioners and respondent No.5 on notice and affording them an opportunity of hearing. If, respondent Nos.2 and 4 are not inclined to accept the request made by the petitioners and respondent No.5,

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they shall^{assign specific reasons and pass a reasoned} order, communicate^{copy of the said order to the} petitioners and^{respondentNo'5 and complete the said} exercise within^{a period of eight(08) weeks from the date} of receipt^{of a copy of this order' Thereshall be no order}

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as to costs.

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Asa sequel, the^{miscellaneous petitions, ifany'} pending in the^{Writ Petition shall stand closed'}

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Sd/. T. JAYASREE ASSISTANT^REGIST //TRUE^COPY" SECTION^OFFICER

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To,

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HIGH COURT

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DATED: 0410412024

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ORDER

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WP.No.8902 ot 2024

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DISPOSING OF THE^{WRIT PETITION}

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o 9,(k$

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WITHOUT COSTS

Kunta Akhileshwari v. The state of Telangana

Case brief

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Kunta Akhileshwari v. The state of Telangana

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