ORDER:

This writ petition is filed declaring the action of respondents No.2 to 5 seeking to mutate the name of respondent No.6 in respect of H.No.10-5/A, situated at Premnagar, Mulugu Village and Mandal and District, on the basis of forged unregistered sale deed, dated 19.07.2014, without issuing any notice to the petitioner, as illegal and arbitrary and consequently to set aside the same and to pass such other order or orders.

2. Learned counsel for the petitioner submitted that the petitioner has acquired the property from his mother through a registered gift settlement deed document bearing No. 4697 of 2021, dated 08.07.2021 and at present, the said property including the house is in possession of the petitioner and also stands in the name of the petitioner. It is submitted that when the unofficial respondent i.e., respondent No.6 tried to interfere with the peaceful possession and enjoyment of the subject property, petitioner was constrained to file a suit vide O.S.No.37 of 2024 on the file of Junior Civil Judge, at Mulugu and during the pendency of the suit, respondent No.6 filed a counter affidavit along with a copy of receipt, dated 15.03.2024 issued by the Gram Panchayat, Mulugu District, showing that respondent No.6 has paid sum of Rs.1,208/- towards tax for the year 2024-25 in respect of the subject property. Therefore, the petitioner has sought information from the Gram Panchayat under Right to Information Act, 2005 as to the basis on which the receipt has been issued in favour of respondent No.6 and in response, vide letter Rc.No.05/GPM/2024 dated 17.08.2024, the Gram Panchayat informed that no such receipt with the house number is given to respondent No.6. Therefore, according to petitioner, respondent No.6 has created an unregistered sale deed, dated 19.07.2024 as well as receipt, dated 15.03.2024 and on the strength of such created documents, he has made a request to Gram Panchayat to mutate his name in respect of the subject property. He apprehends that the respondents would cause mutation of the said property in the name of respondent No.6 without issuing any notice to the petitioner.

3. Sri R.Chandra Shekar Reddy, learned Standing Counsel appearing for respondent Nos.4 and 5 has obtained oral instructions and submitted that the respondent No.6 has made an application mentioning that the subject property was sold by the petitioner by way of unregistered sale deed to respondent No.6 and therefore respondent No.6 is seeking mutation of his name in the Gram Panchayat records. It is submitted that respondent Nos.4 and 5 would follow due process of law while causing mutation of the name of respondent No.6.

4. In view of the above and as prayed by the petitioner himself to issue notice to him before causing mutation of respondent No.6’s name in respect of subject the property, this Court deems it fit and proper to dispose of the writ petition at admission stage by directing respondent Nos.4 and 5 to follow due process of law and issue notice to concerned parties including the petitioner and respondent No.6 before causing change in mutation of the name in the Gram Panchayat records in respect of subject property.

5. With the above observations, this writ petition is disposed of. No order as to costs.

6. Miscellaneous applications, if any pending in this petition, shall stand closed. ___________________________

JUSTICE T. MADHAVI DEVI Date: 07.11.2024 pss