RISA AHAMED Vs. TAHSILDAR

JUDGEMENT

(1.) The petitioner has come up with this Writ Petition challenging the respondent's proceedings in O.Mu.A3/10682/2017 dated 04.01.2018 and to quash the same and thereby direct the respondent herein to issue legal heir certificate of the deceased Pakkithini Hajee Basha Sahib who died on 30.06.1939, by considering the petitioner's representation dated 12.12.2017.

(2.) The case of the petitioner is that he made a representation to the respondent on 12.12.2017, for issuance of legal heir certificate of his deceased great grandfather, Mr.Pakkithini Hajee Basha Sahib who died as early as on 02.06.1939, leaving behind three sons and three daughters. All the said persons died prior to 1956 on various dates. In the said representation the petitioner had given full details of the legal heirs of late Pakkithini Hajee Basha Sahib. The respondent herein deputed Revenue Inspector to submit a detailed report with respect to the petitioner's representation. But the Revenue Inspector has submitted a report without any enquiry. The copy of the said report was not furnished to the petitioner to make his submission. Further the Tahsildar has not given any opportunity to the petitioner to make his submission and refused to give legal heir certificate on the sole ground that the petitioner's great grandfather died some 74 years back. It is further stated that though the petitioner has produced the death certificate of all the legal heirs of Mr.Pakkithini Hajee Basha Sahib, and furnished the details of the legal heirs, the respondent herein has simply rejected the petitioner's representation, vide proceedings dated 04.01.2018. Challenging the same, the present Writ Petition has been filed.

(3.) Heard both sides. Perused the materials on record.