RACHAMALLA AMRUTHAMMA Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India seeking a writ of mandamus declaring the action of the 2nd respondent-Special Collector, SRSP & SLBC, Tarnaka, Hyderabad, in issuing Proceedings No.D3/ 4546/95 dated 4-2-1997 as illegal and arbitrary.

(2.) The impugned order dated 4-2-1997 issued by the 2nd respondent-special Collector, is extracted hereunder:

(3.) In the affidavit filed in support of the writ petition it is stated that the 1st and 2nd petitioners are the daughter and grandson respectively, of one Gunti Rajaiah. The said Rajaiah executed a registered will, dated 9-8-1983 vide Doc.No. 16/83, bequeathing the lands in Survey Nos.188, 189, 273, admeasuring to an extent of Ac.7.03 gts and also a house bearing No.4-25 situated at Mannampally Village, Thimmapur Mandal, and another house bearing No.2-68 situated at Nustulpur Village and another house bearing No.5-3-97 situated in Ahmedpura locality, Karimnagar in faovur of both the petitioners. The said Gunti Rajaiah died on 10-3-1986. After his death, one Kolipaka Alias Boggula Pochamma claiming to be the 2nd wife of the said Gunti Rajaiah, set up a simple will deed dated 12-2-1986 purporting to have been executed by late Gunti Rajaiah in respect of the house bearing No.2-68 of Nustulpur. The petitioners filed OS No.583 of 1986 before the learned District Munsif, Karimnagar, seeking perpetual injunction in respect of all the properties covered by the registered will deed dated 9-8-1983. The learned District Munsif, Karimnagar, having considered the facts and circumstances of the case held that Gunti Rajaiah executed the will deed dated 9-8-1983 in a sound and disposing state of mind and that the another will deed dated 12-2-1986 set up by the said Kolipaka Pochamma was found to be not a genuine document. Thereupon, the said Kolipaka Pochamma carried the matter before the II Additional District Judge, in AS.No.49 of 1993 wherein the learned II Additional District Judge, Karimnagar by judgment dated 6-3-1995 dismissed the appeal confirming the judgment of the Court of first instance and therefore, the same had attained finality.