AI Structured Summary
Not yet generated for this judgment
Judgment
This writ petition is filed seeking the following relief :
“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action o9f the respondent
No.4 in not change or mutate the name of the petitioner in the revenue records in respect of Sy.No.336 to an extent of Ac.1.10 guntas situated at
Chimiryala Village of Kodad Mandal, Suryapet District is illegal, arbitrary, contrary to law and violation of Articles, 300A of the Constitution of India
and consequently direct the respondents No.3 and 4 to mutate the name of the petitioner in the revenue records duly modified the Sy.Nos.336 instead
of 335 while disposing of the Representation of the petitioner dated 09.08.2019 and pass such other order or orders…â€
Heard Sri V. Ganesh Bhujanga Rao, learned counsel for the petitioner and learned Assistant Government Pleader for revenue.
According to petitioner, Ac.1.10 guntas of land in Sy.No.336 of Chimiryala Village, Kodad Mandal, Suryapet District, belongs to her father late
Mundra Venkata Ratnaiah. Late Mundra Venkata Ratnaiah executed registered Will in favour of petitioner on 11.08.2000 bequeathing the above
extent of land in favour of petitioner. Petitioner instituted O.S.No.108 of 2008 in the Court of Junior Civil Judge, Kodad, Nalgonda District, praying to
grant decree against the Mandal Revenue Officer, Kodad. The Mandal Revenue Officer did not contest the suit. The suit was decreed on 04.03.2009.
The defendant was directed to enquire into the matter and if the property mentioned in the suit schedule property is found within the boundaries
mentioned in the suit schedule in Sy.No.336 and further the defendant was directed to issue pattadar passbook and title deed as sought by the plaintiff.
Thereafter petitioner made several representations to the Tahsildar requesting him to enforce the decree and to mutate her name in the revenue
records. Alleging inaction, this writ petition is filed.
As admitted by petitioner in the affidavit filed in support of the writ petition, late Mundra Venkata Ratnaiah was having land in Sy.No.336 to an
extent of Ac.1.10 guntas whereas in the registered Will deed the survey number noted was 335. If that being so, petitioner cannot ask the revenue
authorities to mutate her name in the revenue records, based on the said Will deed on land in Sy.No.336.
Though learned counsel for the petitioner sought to place heavy reliance on the decree passed by the trial Court and contends that since the Mandal
Revenue Officer was a defendant and as he did not contest the suit, the decree is binding on him and the same ought to have been implemented the
same has no merit on two aspects.
Firstly, the trial Court directed examination of the issue with reference to land in Sy.No.336 and to issue pattadar passbook and title deed. Thus,
issuing pattadar passbook and title deed is not automatic but subject to verification of revenue records in Sy.No.336. Admittedly, the Will deed does
not speak about Sy.No.336 but speaks of Sy.No.335. It may be erroneous to mention Sy.No.335, but as it was not corrected and Will deed does not
reflect Sy.No.336, petitioner cannot seek mutation of her name in Sy.No.336 of the revenue records, based on the Will deed executed in her favour.
Therefore, the action of revenue authorities in not undertaking change of mutation in the name of petitioner in Sy.No.336 to an extent of Ac.1.10
guntas cannot be faulted. Further the person whose name is reflected in the revenue records against Sy.No.336 was not a party before the civil Court
and is not made a party to this writ petition. If Court agrees with the contention of petitioner, it would amount to deleting the name of that person from
the revenue records, which relief also cannot be granted in the absence of an opportunity afforded to the person whose name is shown in the revenue
records. Writ Petition merits no consideration.
Accordingly, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed.