Telangana High Court
Kadavath Laxman vs State Of Telangana And 4Others on 23 November, 2022
THE HONOURABLE SRI JUSTICE K.SARATH
WRIT PETITION No.42426 of 2022
ORDER:
This writ petition is filed for the following relief:
".......to issue a writ, order of direction, more particularly one in nature of Writ Mandamus declaring the action of the Respondents in not issuing succession certificate in favour of the petitioner u/s.40 of Andhra Pradesh (Telangana area) Tenancy and Agricultural Lands Act, 1950 as illegal, null, void and arbitrary and against the Section 40 of the Tenancy Act, consequently direct the respondents to issue the sucession proceedings in favur of the petitioner in respect of the land in Old Sy.Nos.324 and 326 with new Sy.No.611/A of Kondakal Village, Ramachandrapuram Mandal, Sangareddy District".
2. Heard Sri Jalli Kanakaiah, the learned counsel appearing for the petitioner and the Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to
5. Withtheir consent, this Writ Petition is disposed of at the stage ofadmission itself.
3. Learned counsel for the petitioner submits that the grandfather of the petitioner was the protected tenant of the scheduled land Survey.No.324 and 326 of Kondakal Village, Shankarpalli Mandal, Ranga Reddy District to an extent of ::2::
Ac.15.01 Gts and issued ownership certificate under Section.38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agriculture Lands Act, 1950. The Kondakal Village have been transferred to the Ramachandrapur Mandal in view of the bifurcation of the mandals and districts as such the above survey numbers re-allotted with the new Survey.No.611/A. The petitioner is the only legal heir of his grandfather and submitted application for the grant of succession certificate, but the petitioner could not pursue the same due to pending criminal case. Earlier, the petitioner approached, this court and submitted the orders passed by this court in W.P.No.3166 of 2021 and the same was with the following direction:
"Since the petitioner submitted application on 28.01.2019, which is filed as Ex.P.1 at page No.10 of the writ petition paper book, without expressing any opinion on merits, the Writ Petition is disposed of directing the Tahsildar - 4th respondent to examine the claim of petitioner as grand son of Lambada Shakriya who claims to have been protected tenant having certificate issued under Section 38-E, to consider the application for issuance of succession certificate in accordance with Section 40 of the Act, 1950 ::3::
and take further course of action as warranted by law. The entire exercise shall be completed within a period of eight (8) weeks from the date of receipt of copy of this order.
While considering the application submitted by the petitioner on 28.01.2019, the Tahsildar is also directed to verify the records regarding ownership of late Smt. Subhadra and Section 38-E certificate granted to late Lambada Shakriya and if there is no discrepancy in the land ownership of late Subhadra and Section 38-E certificate issued to Lambada Shakriya and if petitioner is found eligible to get succession certificate, appropriate steps shall be taken in accordance with law. If the Tahsildar is not convinced with the claim of petitioner or if there is any discrepancy on the extent of land or the survey numbers, the same fact shall be informed to the petitioner".
4. Thereafter, the petitioner made representation to the respondents to issue the succession proceedings on 02.10.2022 and thereafter issued legal notice on 10.11.2022 but so far no action has been taken by the respondents.
5. In view of the submissions made by the petitioner admittedly, this Court has been directed in W.P.No.3166 of 2021 on 17.02.2021 that the respondents to pass appropriate orders on the application made by the petitioner. In spite of that, the respondents were not ::4::
passed any orders as on today. In view of the same, the respondents are directed to pass appropriate orders on the application made by the petitioner on 02.10.2022 and legal notice issued on 10.11.2022 giving opportunity to the petitioner and effected all the parties within eight (8) weeks from the date of receipt of copy of this order.
6. Accordingly, with the above direction, the Writ Petition is disposed of. No order as to costs.
7. Miscellaneous applications pending, if any, shall stand closed.
____________________ JUSTICE K.SARATH 23.11.2022 spk