IMPORTANT POINT
Compliance with court orders is crucial for property claims, and failure to provide necessary documentation undermines the petitioner's position.

ORDER :

(Surepalli Nanda, J.) :

Heard Mr.Damodar Mundra, the learned counsel appearing on behalf of the petitioner, Mr. K.R. Koteswara Rao, learned Standing Counsel appearing on behalf of respondent No.2 – Cantonment Board.

Respondent Nos.1 and 3 are shown as not necessary parties by the petitioner.

PRAYER:

2. The Petitioner approached the Court seeking prayer as under :

“To issue a Writ, order or direction more particularly a writ of MANDAMUS thereby directing the Respondents to incorporate the name of the petitioner in the GLR Register in respect of house No.3 and 4 in Plot No.3/A, situated at Picket Secunderabad by correcting the entries in the GLR Register as per law.”

3. The case of the Petitioner, in brief, as per the averments made by the petitioner in the affidavit filed in support of the present writ petition, are as follows:

a) The petitioner is residing in House No. 3 & 4, situated at Picket, Secunderabad under the jurisdiction of Respondent Nos. 1 and 2 and is holding the premises as first-class legal heir of Late P. Ganesh Rao. Thereafter the petitioner had made applications for mutation of property in his name after the death of his father in respect of house premises bearing building no.3, 4 & 14, corresponding to premises No.4-21-03, situated at Picket, Secunderabad Cantonment admeasuring 1194 (535+662) sq. yards forming part of Plot No.3/A Anjanamma Compound in Survey No.481/247 within the limits of Secunderabad Cantonment.

b) Furthermore, the petitioner’s father herein had applied for permission for construction of dwelling house in his demarked area and the same was pending consideration for granting of permission for which the petitioner’s father had moved before this Court under Writ Petition vide No. 22331 of 2014 which was disposed of with an Order that the construction application was returned with some objections and the petitioner’s father was directed to re-submit the same for consideration and the 2nd Respondent herein was directed to consider the application and sanction the permission as per law.

c) However, even after the petitioner’s father re-submitted the plan along with the objections, the same was returned by the 2nd Respondent stating that the name of the petitioner’s father did not reflect in the GLR Register, as such, permission cannot be granted. Since then the petitioner’s father has been persuading with the authorities for amendment of GLR Register records which has unscrupulously written entries crept in, in respect of plot no.3/A belonging to P.Guruswamy Naidu i.e., grandfather of the petitioner herein with the name of A.Kanthamma who did not have any right in respect of the land in Plot No.3/A.

d) The petitioner through his father had been persuading since 2017 with various letter correspondences, but the 2nd Respondent failed to incorporate the actual names corresponding to the rightful owners which were available and confirmed by the 2nd Respondent till 1988. The 2nd respondent has illegally withheld the correction in spite of various representations. Hence this Writ Petition.

PERUSED THE RECORD

4. Counter Affidavit filed by the Respondent No. 2 is as under:

a) The petitioner’s father was issued a letter dated 28.05.2014 by the CEO of the 2nd Respondent Board, wherein it was mentioned that the petitioner’s father is not recorded as Holder of Occupancy Rights in respect of the property in question which is held on Old Grant Term and the property claimed by the father of petitioner is not tallying with the recorded area, hence the father of the petitioner is advised to comply the above observations for resubmission of the plan.

b) Moreover, the petitioner’s father had not submitted any representation enclosing all relevant documents by brining all the events to the notice of 2nd Respondent. Further the petitioner has not submitted any independent application by bringing all the events and changed circumstance including actual site area tallying with recorded area in the GLR as ordered by this Cour