Chityala Vijaya Alias Kalluri Rajeshwari Vs The State of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELAN AT HYDERABAD (Special Original Jurisdiction)

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WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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401 OF 5

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chityala viiava Arias Karuri Raieshwari, wo.chityara sadanandam, D/o. Kalluri Mairaiah. Aoed aoout^{-'s+"yJai.,"5i'} Housewife, Rro.11_s111. Gansipale,Manikontuiurvrln,iar,i"ri,iia"dar"olltrict

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...PET|TIONER AND

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1 . The . The The State of Telanoana, Rep. by its principal Secby its principal Sec re tary, Revenue

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1 . The . The The State of Telanoana, Rep. by its principal Secby its principal Sec re ^^{9,"p{qqnt, Secrelariai,nvb"ijo"o. 'irrvr"v' vev} z. I ne Llistrict Collector, Handmakonda District at Hanumakonda.

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The Revenue Divisionatoffid;, H;u;i[o]iol iiEr"nue Division, Hanumakonda District.

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4' The Tahsirdar and Joint sub Registrar, Hanumakonda Mandar, Hanumakonda District.

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Kalluri Devender, S/o. Late Kalluri Bhadraiah. Aoe 5

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Hd ri N;:i-z:i's6i"p,r'ir"rputa Vilage, x"nr,nironSJifli'o!1"^on'.,"rnrr", Hanumakonda District.

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6 Ka'uri rhirupathi Arias venkg.reswarru, S/o. Late Karruri Bhadraiah. Aoe 47 years, occ Aoricutture R/o. H.r,lo s2 i_iorj, p"'ir"iirij'v-iitil;:'ilh;il-rilnd, Mandat, Hanimakondi olstriCt.^-

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...RESPONDENTS

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Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to is$ue an appropriate writ order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the respondent No. 4 in not considering the apprication of petitioner made for succession Apprication vide No. 2500757624 dt. 'r2t12t2o2s under section 7 R/w Rure 7 of rerangana Bhu Bharati Record of rights in Land act, 2025 in respect of rand in sy.No.451 tAr1, to an extent of Ac. 0.26 gts in situated at parverpura Viilage, Hanumakonda Mandar, Hanumakonda District as being iflegar, arbitrary and vioration of Articres 14 and 300-4 of the constitution of rndia consequenfly direct the respondent No. 4 to record and mutate the name of the petitioner in respect above rand as a sore

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successor ancl legal heir and issue pattaciar passbook in her favour by considering her application dt. 1211212025 forthwith.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filerd in support of the petition, the High Court may be pleased to direct the respondent No.4 issue pattadar passbooks and title deeds in favour of petitioner withcrut insisting for No Objection from the respondent NO. 5 and 6 by considering the Succession Application vide No. 2500757624 dt. 1211212025 made by petitioner, pt:nding disposal of the Writ Petition.

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Counsel for ther Petitioner: SRI M.DURGA PRASAD Counsel for ther Respondent Nos.1 TO 4: SRI L.RAVINDER, AGP FOR NUE

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Counsel for the Respondent Nos.S & 6: -

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

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WRIT PETITION No.4Q1O6 of 2O2S

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DATE OF ORDER: O7.O1.2o126

Between:

Chityala Vrjaya

Petitioner

AND

The State of Telangana,

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Rep. by the Special Chief Secretary,

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Revenue Department, Secretariat, Hyderabad, and 5 others

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...Respondents

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ORDER

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This Writ Petition, under Article 226 of the

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constitution of India, is filed seeking the following rerief:

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"....to issue an appropriate l{/rit ordcr or direction more particLtlurlt,one in the nature of wril of Mandamus declaring the action of the respontlent No 4 in not considering the application of petitioner made Jbr Succession Application vitle No.2500757624 dated l2/12/2025 under Section 7 R/v, Rule 7 ol relungema Bhu Bharati Record of Rights in Land Act, 2025 in respec.t ol'luntl in sy.No.4-i I /A/t to an extent of Ac.0.26 gts in Situatetl ut Pulvelpula Villagc, Hanunutliontltt h{undal, Harutmakonda District, as being illegal, arhitra4, and violation of Arriclcs l4 ancl 300A of the Constitution of India consequently clirect rhc resporulent No.4 to record and mutate the name of the petitioner in respect above larul as u solc successor und legal heir and issue pattadctr passbook in herJitvour by consitlcring he r app I iccu io n dated I 2 / I 2 / 2 0 2 5 fo rt hw i th...

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"*

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Page 2 of 4

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I{eard learned counsel for the petitioner; Sri L.Ravinder, learned Assistant Government Pleader for

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Revenrre appearing for respondent Nos. L to 4; and perused the re<:ord

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[,earned counsel for the petitioner submitted that the father of the petitioner is the owner and possessor of land to an extent of Ac.O.26 guntas in Sy.No.45llAl1, situated at Palvelllula Village, Hanumakonda Mandal and District, and his na,me was recorded in all the revenue records. It is further: submitted that after death of petitioner's father on 07.LO.1995, the petitioner has become the sole successor of the srlid property, therefore, petitioner has submitted succession application No.25O0757624 dated 12.12.2025 before respondent No.4 seeking to record her name in the revenue records in respect of the subject property. After verificzrtion of the records, the respondent authorities informed the petitioner that respondent Nos.S and 6 are objecting for issuance of pattadar passbooks, as the name of their father (Kalluri Bhadraiah) has been recorded in the revenue records. Learned counsel for the petitioner further (-

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submitted that the name of^{Kalluri Bhadraiah was deleted} from the^possession column from the^year 2008-2009^and the name of petitioner's father was continued into^the revenue records, as such, respondent Nos.S and 6 do^not have any right to object for consideration of^succession application submitted by the^petitioner.

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Learned Assistant Government Pleader for^Revenue appearing for respondent Nos.1 to 4, submitted^{that the} petitioner has filed succession application on the^{strength of} the death certificate issued by the Panchayath^Raj Department, after lapse of many^years, which^{shows that the} father of petitioner died on 07.10.1995.^{Learned Assistant} Government Pleader for Revenue further^{submitted that the} respondent huthorities will consider the application^{of the} petitioner and pass orders in accordance with law.

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tn the light of the aforesaid submissions, this^Court, without making any observations on the merits^{and demerits} of the case, deems it appropriate to dispose of this^writ petition directing respondent No.4 to consider the succession application No.2500757624 dated 12.12.2025^{submitted by}

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Page 4 of 4

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the F,etitioner, by issuing notice to the petitioner and respondent Nos.5 & 6 and by providing sufficient oppori:unity of hearing to them, and pass appropriate orders in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order. since notice is dire,cted upon respondent Nos.5 and 6 further service of notice on respondent Nos.S and 6 is dispensed with.

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