HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.39737 OF 2014

O R D E R :

This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents 2 and 3 in not accepting the application of mutation of her name in respect of property bearing Municipal No.22-7-380/A/2, admeasuring 217 sq.yards, situated at Murag Khana Lane, Mandi Mir Alam, Hyderabad as illegal and arbitrary and for a consequential direction to the respondents to consider the application of the petitioner for mutation.

The case of the petitioner is that her husband has gifted her property bearing Municipal No.22-7-380/A/2, admeasuring 217 sq.yards, situated at Murag Khana Lane, Mandi Mir Alam, Hyderabad by virtue of gift deed dated 29.01.1996. While so, the petitioner applied for mutation of her name in respect of the above said property in the Municipal records in place of her husband to the respondents. But the respondents refused to accept the same on the ground that, she does not have any registered sale deed in her favour. Aggrieved by the same, the present writ petition is filed.

Learned counsel for the petitioner in support of his contentions relied on judgment reported in Hafeeza Bibi and [1]

others v. Shaik Farid (Dead) by LRs. and others . Heard Sri C.Damodar Reddy, learned Standing counsel for the 2^nd respondent.

Since the petitioner is claiming for mutation of her name in respect of the subject property, it is duty of the respondents to receive the same and pass orders according to law. Hence, the respondents are directed to receive the application of the petitioner for mutation of property in her name and consider the same as per the law laid down in Hafeeza Bibi and others v. Shaik Farid (Dead) by LRs. and others and pass appropriate orders in accordance with law, if the petitioner satisfies the conditions laid down therein and after issuing notice to person whose name is on record. However, petitioner has to clear the tax arrears, if any for the purpose of consideration of her application.

With the above direction, the writ petition is disposed of.

There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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A.RAJASHEKER REDDY, J

09.03.2015 dv [1]

2011(3) ALD 131 (SC)