THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION NO.24701 of 2024

ORDER:

This writ petition is filed seeking to declare the action of respondent No.4 in causing mutation of title and issuing patta passbooks bearing Nos.T09230092234 and T09230092235 over the subject property bearing Survey Nos.424, to an extent of Ac.2.38 guntas situated at Rana Nagar, Ismailkhanpet Village, Sangareddy Mandal and District in favour of respondent Nos.5 and 6 herein, as illegal and arbitrary and for other appropriate reliefs.

It is stated that the petitioner’s father was the owner and possessor of land admeasuring Ac.9.06 guntas, situated at Rana Nagar, Ismailkhanpet Village, Sangareddy Mandal and District, having inherited the same from his father as per the customs prevailing in Muslim Law. It is further stated that the petitioner’s father is having two daughters and three sons, two of whom are the petitioner herein and respondent No.5 herein, who is not the biological son. The grievance of the petitioner is that despite the same, after the death of his father, respondent No.5 along with respondent No.6, without any intimation to the petitioner and by making a false claim that respondent No.6 is the biological son of the petitioner’s father, not only obtained illegal succession proceedings but also mutation proceedings in their favour.

Learned counsel appearing for respondent Nos.5 and 6 strenuously contended that during the lifetime of the petitioner’s father he executed a Oral Hiba in favour of respondent Nos.5 and 6 as permissible under Muslim Law; subsequently, basing on the said Hiba, after conducting enquiry, the respondent authorities have rightly mutated the names of respondents Nos.5 and 6 in the revenue records and issued pattadar pass books in their favour as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act; since then, respondent Nos.5 and 6 are in enjoyment of the said property; despite the same, the petitioner by making false and baseless allegations and disputing that respondent No.6 is not biological son of the petitioner’s father, filed the present writ petition challenging the succession proceedings and the consequential mutation proceedings issued in their favour; and as such, the petitioner is not entitled to any relief in the present writ petition.

Considered the submissions of the learned counsel for the parties and perused the record.

The issues that arise for consideration in this writ petition are whether respondent No.6 is the biological son of petitioner’s father and whether the Oral Hiba alleged to have been executed by petitioner’s father in favour of respondent Nos.5 and 6 is genuine or not, which are required to be adjudicated by a competent Civil Court in a properly instituted in a civil suit and this Court while exercising jurisdiction under Article 226 of the Constitution of India cannot decide the same.

Therefore, this Court without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition, by relegating the parties to approach the competent Civil Court to adjudicate their claims, in accordance with law.

The writ petition is accordingly disposed of.

Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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C.V.BHASKAR REDDY, J

16.04.2025 JSU