Citation : 2022 Latest Caselaw 3235 Tel
Judgement Date : 1 July, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO.27593 OF 2022
ORDER:
Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Revenue appearing for the
respondents.
2. It is the case of the petitioner that her deceased
husband was the absolute owner and possessor of agricultural
land admeasuring Ac.6-06 guntas in Survey No.248/A, situated
at Tandur, Tandur Mandal, Vikarabad District. After demise of
her husband, the petitioner claims to have succeeded the same,
being the sole successor. In view of the same, the petitioner
claims to have submitted an online application for mutation of
her name in the place of her deceased husband by submitting
an online application bearing No.2200035311, dated
04.04.2022 by duly submitting all required documents. But, the
said application is still pending. It is also submitted by learned
counsel for the petitioner that there is a rival claim by
respondent No.5 herein and she also filed a suit for partition in
O.S.No.174 of 1998 on the file of II Additional District Judge,
Ranga Reddy District, and the said suit was dismissed by
judgment and decree, dated 03.03.2004. Aggrieved thereby, MSK,J 2 wp_27593_2022
respondent No.5 herein filed A.S.No.2313 of 2004 before this
Court and this Court also has not passed any interim order,
except restraining the petitioners from alienating the subject
property. Under those circumstances, learned counsel for the
petitioner submitted that the petitioner herein is entitled for
mutation of her name in the place of her deceased husband by
considering the online application submitted by her.
3. Learned Assistant Government Pleader for Revenue
submitted that inasmuch as the petitioner has submitted an
online application, the respondents are under obligation to
consider the same, in accordance with law.
4. Taking into consideration the submissions made on
either side, the Writ Petition is disposed of directing respondent
No.2 to consider the online application bearing
No.2200035311, dated 04.04.2022, submitted by the petitioner
for mutation of her name in the revenue records in respect of
land admeasuring Ac.6-06 guntas in survey No.248/A, Tandur,
Tandur Mandal, Vikarabad District, and pass appropriate
orders, in accordance with law, within a period of eight (8)
weeks from the date of receipt of a copy of this order.
Respondent No.2 is further directed to put respondent No.5 on MSK,J 3 wp_27593_2022
notice, while considering the application of the petitioner and
afford an opportunity of hearing her and then pass orders on
the application of the petitioner, as directed above.
Miscellaneous applications, if any, pending shall stand
closed. There shall be no order as to costs.
____________________________________ MUMMINENI SUDHEER KUMAR, J
1st July, 2022 YVL
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