IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
Global Industries – Appellant
Versus
The State of Telangana – Respondent
WP 31360/2024
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.31360 OF 2024
ORDER:
The petitioner seeks a Writ of Mandamus to set aside the order of Respondent No.3 dated 05.11.2024 (Lr.No.ZO/PTC/Ph-I/P.No.5A & 6A/2005), on the ground that it violates Circulars dated 11.09.2017 and 11.11.2020 issued by Respondent No.2 and Article 300A of the Constitution of India, and to direct Respondent No.3 to mutate the petitioner’s name.
2. Heard Sri P. Shashi Kiran, learned counsel for the petitioner, learned Government Pleader for Industries and Commerce for Respondent No.1, and Sri M. Srikanth Reddy, learned Standing Counsel for TGIIC, for Respondent Nos.2 and 3. Perused the record.
3. Learned counsel for the petitioner submitted that the Petitioner, Global Industries, represented by Mr. L.Poornachand, succeeded to the property of his late father, who earlier ran Sri Rama Engineering Enterprises. The Petitioner’s father had purchased Acs.6.83 guntas (33,060 sq.yds.) at Bandlaguda Village, IDA Patancheru, from Remy Electricals India Ltd., an allottee of Respondent No.2, and later sold Acs.3.78 guntas to third parties after sub-division. Upon his father’s demise on 27.09.2023, Petitioner inherited Acs.6.83 guntas under a registered Will Deed.
When he applied for mutation, Respondent No.3 rejected it, insisting on a legal heir certificate. Petitioner challenged this in W.P. No.26118 of 2024, wherein this Court directed Respondent No.3 to consider the application without insisting on such a certificate. Despite this, Respondent No.3, by order dated 05.11.2024, again refused mutation and directed the Petitioner to obtain sub-division approval from Respondent No.2. Hence, this Writ Petition.
4. Learned Standing Counsel for TSIIC, for respondent Nos.2 and 3 filed counter affidavit stating that originally, Plot Nos.5 and 6 in Sy.Nos.41, 42, 47, 48(P), 438, 439, and 447, admeasuring Acs.12.22 guntas in IDA Patancheru, were allotted to Sahney Paris Rhone Ltd., later renamed Remy Electricals India Ltd. The company sold the land under three registered sale deeds in December 2004 to Sri Rama Engineering Enterprises, run by the Petitioner’s father, L.Venkateshwar Rao. The Petitioner’s father obtained sub-division approval only for Acs.3.75 guntas (Plot No.5A) on 14.03.2005, but did not seek sub-division for the remaining Acs.8.20 guntas. After his father’s demise, Petitioner sought mutation based on an unregistered Will dated 15.09.2023. His earlier application was disposed of pursuant to W.P.No.26118 of 2024. On re-application, the 3rd Respondent rightly informed the Petitioner to obtain sub- division approval for the remaining Acs.6.83 guntas, which remains unregularized. Petitioner approached this Court without complying with the mandatory requirement of sub-division approval. Therefore, the writ petition is devoid of merit and liable to be dismissed.
5. Having considered the submissions and perused the record, this Court finds that the Petitioner’s father had obtained sub-division approval only for Acs.3.75 guntas (Plot No.5A), and no approval was obtained for the remaining Acs.6.83 guntas now claimed by the Petitioner. It is to be noted that Sub-division approval is a mandatory requirement under TSIIC guidelines to maintain industrial layout integrity. Petitioner claiming title through inheritance under an unregistered Will cannot seek mutation without first regularizing the sub-division. Therefore, there is no illegality or procedural irregularity in the impugned order dated 05.11.2024, which complies with the governing circulars and procedure.
6. Accordingly, the Writ Petition is dismissed, confirming the impugned order dated 05.11.2024. No order as to costs.
Miscellaneous petitions, if any, pending, shall stand closed.
___________________________ NAGESH BHEEMAPAKA,J Date:14.10.2025 dgr
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