A registered Will executed by a land assignee under the Telangana Assigned Lands Act cannot be valid against family members, reinforcing that assigned lands are inheritable but not transferable to strangers.

ORDER :

1. Heard Sri Praveen Kumar Veerjala, learned counsel for the petitioner, Smt. S.Sravanthi, learned Government Pleader for Revenue appearing for the respondent Nos.1 to 3 and Sri Kiran Reddy Mallarapu, learned counsel appearing for the respondent No.4. Perused the material on record.

2. Learned counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the action of the respondent No.3 in issuing Endorsement in Rc.B/302/2020 dated 24.02.2021 for not implementing the orders passed by the respondent No.2 in ROR Case No.2/BPD/2019 dated 11.12.2019 to un-sign the Khata and initiate a fresh enquiry to incorporate the petitioner’s name in the concerned revenue records for the land in Sy.No.440/A (Old Sy.No.440/68 Old) admeasuring Ac.10-00 guntas, situated at Laxmipuram Village, Burgampadu Mandal, Bhadradri Kothagudem District (for brevity “the subject property”) as illegal and arbitrary.

3. Learned counsel for the petitioner further submits that the petitioner is the owner and possessor of the subject property, originally assigned by the Government to her late father, Soyam Singaiah. The petitioner, being the sole legal heir, filed O.S.No.156 of 2017 on the file of the Principal Junior Civil Judge, Kothagudem and obtained a decree on 18.09.2017 declaring her as Class-I legal heir of late Soyam Singaiah. While it being so, the respondent No.4, wife of one Khasim Babu, who claims to be the adopted son of Soyam Singaiah/Assignee, approached the revenue authorities and got her name mutated as pattadar and possessor of the subject property vide MUT/27/06/00382/2018 dated 04.09.2018, relying on a registered Will deed No.22/2012 dated 19.06.2012 allegedly executed by Soyam Singaiah in her favour.

4. Learned counsel for the petitioner further submits that, aggrieved by the mutation proceedings issued by the respondent No.3-Tahsildar vide MUT/27/06/00382/2018 dated 04.09.2018, the petitioner filed an appeal before the respondent No.2-Sub Collector, Bhadrachalam, under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, which was disposed vide order dated 11.12.2019 in ROR Case No.2/BPD/2019, directing the respondent No.3 to un-sign the Khata and to initiate a fresh enquiry. For implementation of the said order, the petitioner approached this Court in W.P.No.10191 of 2020 and after disposal of the said Writ Petition, the respondent No.3-Tahsildar passed the impugned endorsement in Rc.No.B/302/2020 dated 24.02.2021, which is challenged in the instant Writ Petition.

5. Learned counsel for the petitioner further submits that, the impugned endorsement dated 24.02.2021 passed by the respondent No.3 was on the ground that the respondent No.4 has succeeded the subject property through the registered Will deed No.22/2012 dated 19.06.2012 and the respondent No.4 has also obtained ex-parte injunction order in O.S.No.62 of 2019 dated 12.07.2019 passed by the Principal Junior Civil Judge, at Kothagudem, advising the petitioner to approach the competent Civil Court for redressal of the her grievance.

6. Learned counsel for the petitioner further submits that the subject property is an assigned land to late Soyam Singaiah/Assignee by the Government and the Assignee cannot execute the registered Will deed in favour of a stranger to the family and there are no valid proceedings to show that the father of the petitioner adopted the husband of the respondent No.4 and