Nissar Fathima v. The State of Telangana

Court: High Court for State of Telangana

Bench: B.VIJAYSEN REDDY

Judgment date: 2026-04-21

Case summary

High Court for State of Telangana judgment dated 2026-04-21. Nissar Fathima v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 3183 I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENW FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY Between: 1. Nissar Fathima, wo Mohd Abdul Gaffar, aged 50 years, occ Housewife/Agriculture, R/o H. No. 5-1-138, Jabbar Road, Korutla, Jagitial District, Telangana 2. Embari Laxmi Bai, Wo Late Raja Bhoomaiah, aged 55 years, Occ Agriculture, Fl/o H. No . 4-3-11 4, Korutla, Jagitial District, Telangana. ... PETITIONERS AND 1. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad. Z. The District Collector, Jagtiat District, Jagtiat, The Revenue Divisional Officer (RDO), Korutla Division, Jagitial District. 3. The Revenue Divisional Officer (RDO), Korutla Division, Jagitial District. 4. The Registrar of Births and Deaths, Korutla Municipality, Jagitial District. 5. Smt.

Kuthala Gangu, Wo Late Kuthala Narsaiah, Aged about 60 years, Occ Housewife, R/o H. No. 4-5-98, Korutla, Jagitial District, Telangana - 505326 . RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus declaring the inaction of Respondents No. 2 and 3 in considering the representations dated 26-05-2025, 23-03-2026 and 09-04'2026 as illegal, arbitrary, and in violation of the principles of natural justice and consequently direct Respondent No. 2 and 3 to consider the representation dated 26-05-2025, :i*$ii. . I I 23'03-2026 and 09-04-2026 submitted by the petitioners, in accordance to law and cancel the Death Certificate ld 50103-D-18080 dated 23-12-2024, which falsely records the death of Kuthala Narsaiah as 14-03-1990. l. A.

NO: 1 OF 202(i Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to direct Respondent No. 2 and 3 to consider the representations dated 26-05-2025, 23-03- 2026 and 09-04'2'326 submitted by the petitioners in accordance to law pending disposal of the above writ petition. Counsel for the Pr:titioner: SRl. J SURESH RAO Counselfor the R'-ispondents: AGP FOR REVENUE Counselfor the Rrrspondent No. 4: SRt PUTTA KRISHNA REDDY, STANDING COUNSEL FOR MUNICIPALITIES Counsel for the Respondent No. S: -- The Court made ttre following: ORDER I i jl IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRT JUSTICE B. VIJAYSEN REDDY WRIT PETITION No. 122oo of 2025 Dated: 21. O4. 2O25 Between Nissar Fathima and another PETITIONERS And The State of Telangana, Rep. by its Principal Secretary, Revenue Depaftment, Hyderabad and others. ...

RESPONDENTS ORDER Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and Mr. putta Krishna Reddy, learned standing counsel for respondent No. 4. 2- Learned counsel for the petitioner submitted that the husband of the respondent No. 5, namely, Kuthala Narsaiah, died in Bharatratna Dr. Babasaheb Ambedka Municipal General Hospital in Mumbai on L4. L2. 1990. Accordingly, the death certificate was issued by the Municipal corporation of Greater Mumbai recording the date of death as 14. 12. 1990 vide date of registration dated , 2L. O9. 2024. I I I I ! 1 3. According to the learned counsel for the petitioners, \ the respc,ndent No. 5 obtained fraudulent death certificate subsequently from the Korutla Municipality, Jagtial District, on 23. t2. 2024 recording the date of death as 14. 03. 1990.

The said death cert ficate was obtained in order to make a false claim over the property sold by late Kuthala Narsaiah during his lifetime and in that connerction, the petitioners submitted several- representations, the latest being 0g. O4. 2026, seeking cancellation of the death ceftificate issued on 23. L2. 2024. 4. In the circumstances, the writ petition is disposed of with a direction to the respondent No. 3 to consider the representation of the petitioners dated 09. 04. 2026 for cancellation of alleged fraudulent death ceftificate bearing Id: 50103-D-18080 issued on 23. L2. 2O24, by putting on notice the petitioners and the responderrt No. 5 and affording opportunaty of hearing, within a period of four (4) weeks from the date of receipt of a copy of this order. As this order is passed without entering into the merits of the case, notice to respondent No. 5 is dispensed with. Tht: miscellaneous applications, pending if any, shall stand closed. Ttrere shall be no order as_-costs.

__ SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR -. ' ,TTRUE COPY// (7 SECTION OFFICER To, l. ThePrincipalsecretary,RevenueDepartment,stateofTelangana' Secreterriat, HYderabad' Divisional officer 2. The Di:;trict collector, Jagtial District, Jagtial, The Revenue (nOO), Korutla Division, Jagitial District' 3. TheRe'venueDivisionalofficer(RDo),KorutlaDivision,JagitialDistrict. i "* . ,,. 'fl ',,-:. '. ,-ffi 4. The Registrar of Births and Deaths, Korutla Municipality, Jagitial District. 5. Smt. Kuthala Gangu, Wo Late Kuthala Nartaiah, Aged about 60 years, Occ Housewife, R/o H. No. 4-5-98, Korutla, Jagitial District, Telangana - 505326 6. One CC to SRl. J SURESH RAO, Advocate [OPUC] 7. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad [OUTI 8. One CC to SRI PUTTA KRISHNA REDDY, STANDING COUNSEL FOR MUNtCtPALTTTES [OPUCI 9. Two CD Copies ffo* GJP I , HIGH COURT CC TODAY I DATED: 1r-11041202G I I I ORDER -r:-,': WP. No. 112200 of 20ZG .. ' i I :* r-) R t €" \_, .

J -a 2 s APR 202fi * * DISPOSING OF THE WRIT PETITION WITHOUT COSTS n t I {

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