THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.12952 of 2024

ORDER

This Writ Petition is filed questioning the inaction of the

2^nd respondent in considering the representation of the petitioner dt.12.04.2024, whereby she has sought for cancellation of illegal mutation of house bearing Nos.4-60 and 4-61 situated at Pakhal Road, Narsampet, Warangal District, in favour of the 3^rd respondent, without issuing any notice to the petitioner being the original owner of the property, and without having any right, title or possession, as being illegal, arbitrary, unjust, in violation of principles of natural justice and against Article 300 of the Constitution of India, with a consequential relief to cancel the mutation issued in favour of the 3^rd respondent in respect of the subject house property.

2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the 1^st respondent, Sri M.Ram Mohan Reddy, learned Standing Counsel for Municipalities appearing for the 2^nd respondent and Sri D.Ramesh, learned counsel appearing for respondent Nos.3 and 4 and perused the record.

3. The case of the petitioner in brief is that her mother, viz., Vemulapally Jayamma @Jayalaxmi, is the original owner of the house bearing Nos.4-60 and 4-61 situated at Pakhal Road, Narsampet, Warangal District; that the aforesaid property was acquired by the petitioner under registered Will Deed dt.01.05.2010 executed by her mother during her life time; that her mother, the executant of the Will Deed, had deceased on 23.10.2016; and that the subject house property has been mutated on to her name in municipal records and she is in possession of the same.

4. It is the further case of the petitioner that the 3^rd respondent, who is none other than the sister of the petitioner, is claiming the subject property under a purported unregistered Settlement Deed dt.09.04.2001 stated to have been executed in her favour by the mother of the petitioner and the 3^rd respondent; that the 3^rd respondent had filed a suit, vide O.S.No.94 of 2020 on the file of the Junior Civil Judge at Narasmpet, for perpetual injunction in respect of the subject property against the petitioner; and that interlocutory application, being I.A.No.189 of 2020, filed by the 3^rd respondent in the aforesaid suit seeking for ad interim injunction was dismissed by the concerned Civil Court on 22.08.2022, observing that the 3^rd respondent had failed to prove her possession over the subject property.

5. Petitioner further contends that based on the registered Will Deed, the subject property was mutated on to her name by deleting her mother’s name on 28.08.2023, while the 3^rd respondent had applied for mutation on to her name claiming the subject property was settled in her favour under unregistered Settlement Deed dt.09.04.2001, by getting the same validated on 04.08.2020.

6. It is the further case of the petitioner that the 3^rd respondent, on getting the unregistered Settlement Deed validated, had applied for mutation of the subject property on 22.03.2022; that the respondents- authorities without issuing any notice to the other legal heirs of late Vemulapally Jayamma @Jayalaxmi (mother), had mutated the immovable property bearing House Nos.4-60 and 4-61 in favour of the 3^rd respondent; and that the 3^rd respondent has settled the subject property further in favour of her son i.e. the 4^th respondent herein, under registered Deed of Settlement dt.04.04.2024 and on the basis of the aforesaid registered Settlement Deed, the subject property has been mutated on to the name of the 4^th respondent in order to defeat the claim of the petitioner to the subject property, having failed to secure an injunction order in the suit filed by the 3^rd respondent.

7. It is also the further case of the petitioner that while the boundaries of the subject property mentioned in the registered Will Deed would match with the boundaries of the property in possession