Sri. lvlekala Dinesh v. 1. The State of Telangana

7. Sri. Velpula Raju,, S/o late Sri. Velpula Venkanna Aged 34 years, O.cc Noot known,' . Wo2:2i5, Baopet Village, Elkathurthi mandal, Warangal (urban)diskict

8. Ms Aniha, D/o Late Sri. Velpula Venkanna Aged 32 Y.efr!' O99 Housewife, Rl o2-225, Baopet Village, Etkathurthi mandal, Warangal (urban)district .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 pass an order, writ or direction more in the nature of a writ of Certiorari, A) By calling for the records in file NO. Rc.NO. E3/Spl'Tribl185l2O21( Old File NO. A/2685/2020 on the file of the 3rd respondent and B)' B).Consequently set-aside the orders in memo dated 07 ( 3-2023130-06-2021, issued by the 2nd respondent, confirming the mutation proct:r fling5 issued by tlie 5th respondent in file NO. B/1320/2020 as being arbitra y, violative of the procedure established under the ROR Act, violative of princip es of natural justice apart from being violative of Articles 14,19,21 and 300-4 r the Constrtution of lndia. C). Direct the respondents to 2 to 5 to reconsider the rr utation proceedings passed in file NO. E/1320/2020 in favour of late Sri. Velpule /enkanna in respect of land in Sy. NO. 511/A to an extent of 0-169ts, Baope . village, Elkaturthy mandal, Hanumakonda district. issued on the basis of the rl, cument dated 4-1 2- 2013 relied upon by the respondents 6 to 8 and pass orrl rs afresh, including directing delivery of possession of the property accordancs with law D). Award costs of the Writ petition lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the cir umstances stated in the affidavit filed in sLrpport of the petition, the High Cour may be pleased to suspend the proceedings in file No. B/1320/2020 date 2-O7 -2020 and the consequential orders passed in Rc.NO. E3/ Spl.Trib 118) 2021( OId File NO. A1268512020 by the 3'd respondent as confirmed by the 2n j -espondent in memo dated 07-08-2023130-06-2021, issued by the 2nd respon6s" pending disposal of the present writ petition in the interests of justice. Counsel for the Petitioner : SRI A.P.VENUGOPAL Counsel for the Respondents No.1toS: SRI L.RAVINDER, ,I JP FOR REVENUE Counsel for the Respondents No.6tog : -- The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF'TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No. 2761 of2024 DATE OF ORDER: 11.L2.2O25 Be twee n: Sri Mekula Dinesh AND Pctitioner Thc Sllr[e o[ Telatlganet, rep. bv its PrinciPal Secretary, Revcntrc Depilrtmcnt, Secrctnriat Builclings, etnd others Rcspondents ORDER: 'lhis Writ Petition, under Article 226 of the Constitution of India, is filed seeking the folion'rng relief: "...fo pass an order, urit or dlrection more tn the rntttre of n tuit of Cerliorai' A) Bg calting for the records it file NO' Rc.No.E3/ Spl.Tnb/ 185/2o21 (Old File No A/268s/2020 on the Jile of the 3rd respondent and i I I I Page 2 of9 B)()onsequentlg set-aside the orders in nu', rc dated 07 08-202 3/ .)0-06-2021, issued by the 2nd re : nrLdent, conJinning tlte rnutatiort proceedings issued br the Sth respondent ir Jlle NO. B/ 1320/ 2020 as beinq , rbitrary. uiotatiue of tlte procedure established under tlrc ?OR Act, uiolatiue o.f pnnctpLes of ttatural .justice Gpart lltrt lE tg uiolctttue o.f AfticLes 14, I 9,2 I and 3OO 1. oJ the Cor t slitt tt ior t, tl lrtd it t. C). Direct LLe resportderts to 2 to 5 to, cortsider the mutatiott proceedittgs passed in file NO.B/ l: 20/ 2020 in fauour of late Si. Velpula Venkonna in resp,t t of Land in Sy.tro 511/ A to en cxtcttt of O-16gts, Baol tt uillage, Elkatuftltll mandal, Hcuttunakonda district, is.s, L 'rl on the basis o/ th.e docuner dated 4 - 1 2 2O 1 3 relictl tLpon bg the respottdl,rtt.s 6 to 8 arrcl poss orders dfreslt ;nchLding directing deliuen1 o/ Fros.ses.sion o/ thr: propertlJ accordartce tuith lanu D). Attrtrd costs ol llrc Vlril petition E). Cruut

2. Hearrl Sri A. P.Venr-rgopal, lcarned cour]r ll appearing for thc pctitiollcr and Srr L.Ravinder, lear t:d Assistant Government Pleader for Revenue, for respondr: rt Nos. I to 5 and perusecl tltc. record

3. Learncd ooultsel appearing for the pe ,ioner n-ould submit that thc lather of the petitioner n. r-lely latc Sri Mekala Kumarzr Swam1, was the absolut,: owner and possessor of agricultural lands to an exteI t of Ac.0.20 Page 3 of9 guntas 1n Sy.No.121l23, Ac.0.16 gur-rtas ln Sy.No.l5l /A, Ac.O.5 '/z guntas in Sy.No.152/A, Ac.0.20 guntas Sy.No.156/A1, Ac.0.16 guntas in Sy.No.51 1/A, Ac.O.15 1n guntas 1n Sr,.No.523/F1 ernd Ac.0.03 % guntas Sy.No.524/A L, total to an extent of Acs.2. 16 guntas, situated at Baopet Village Shivar. Thc then revenuc authorlties recorclcd the rrame of the father of the petitioner irl thcr revenLle recorcls and also issr-tecl pattedar passbooks artd titlc deeds in his name. The fatl-rcr of the petitioner diecl or1

22.O3.2O2O leaving behind his u'ife, tu'o daughters, petitioner and -vounger son as his legal heirs. On affidavits being submitted by tl-re family members, reportir.rg "No Objection" lor issuance of Viraasat proceedings before respor-rdent No.5, the petitioner made an application to respondent No.5 on 08.05.2020 seeking to transfer the o\vnership rights in the revetrue records, in respect of thc above said property

4. Respondent No.S on the basis of the said consent affidavits, granted Viraasat proceedings on 19.06.2020 uide File No. 1086 l2O2O IN respect of agricultural lands to at-t l'agc 4 o[ 9 extent of Ac.O.2O guntas in Sy.No.l2l /23, Ac.O. 6 guntas in Sy.No.151/A, Ac.0.5 % guntas in Sy.No. 15. /A, Ac.O 20 guntas ir.r Sy.No.156 lA4, Ac.O.15 guntas in t-r'No.523/F1 ancl Ac.0.03 l: giur-rtas ir-r S-r'.No.52-]/A1, toLal t l irn extcnr of Acs.2.O0 guntas, sitr-ratcd at Baopet Village l hivar. The name of the pctitioner has l>cen incorporal,r I in all the revenue rccords and also 1 B (Namurra (lOR), dated I 1.08.2020) u'as arlso issuecl ir-r thc narne of tl c pr:titioncr. Respondent No.5 dicl not issue Viraasat p' rcee<lings in respect o[ lancl to an extcnt of Ac.O. l,; guntas in S-v.No.5l 1/A on the grournd thaL thc late hr-rsband of respondent No.6/father of rcspondent Nos.7 .:'rd B namelv Sri Velpula Venkanna had filed ar.r application (Form X) for mutatior-r/ issuance of "pattedar p.rssbooks ar ,. titlc deeds" on the basis of simple salc decd dated 04.12.'-! )13, claiming to have purchascd the same from the father oi he petitioner after paying consideration to him.

5. Upon knou,ing the same, the petitioner rr;plied for the certilied copies of the relevant documents reliec upon by late Sri Velpula Venkar-rna under the RTI Act. On rerusal of the Page 5 of9 said documents, late Sri Velpula Venkanna has filed Form- 1O, before respondent No.5 r,r,ith an agreement of sale dated

01.72.2013 for :r sale consideration ol Rs.4,0O,0O0/ . But Iate Sri Velpula Venkanna has paid Rs.2,10,0O0/- to the father of the petitioner during his lifetime. Respondent No 5 by treating the agr-cement o[ sale dated 04.12.2O13 proceeded furtlrcr in issuirlg tlotices to the father of the petitioner r,',hich is evident lrom the notice issued in FORM t 1 and FORM 12, under proceedings in File No.1320l2O2O' dated 02.O7.2O2O. Re spondent No.5 througl.r his represenlatives got statements of the neighbours recorded on

15.O7 .2O2O and the reaftcr issucd proceedings of mutation in faveur of late Sri Velpr-rla Venkanna, incorporating his name in the revenue records and thereafter issued pattedar passbooks and title deeds in his favour in respect of land to an extent of Ac.0.16 guntas in Sy.No.511/A.

6. Aggrieved by the same, the petitioner invoked the jurisdiction of the learned Civil Judge at Huzurabad by filing a Suit for declaration ofo title and injunction in O.S.No.217/202O (Nerv No.12l2 12022), together u'ith an Pagc 6 of9 application for injunction 111 I.A.No.585/2O2O, rvhcrein an allegation of collusior-r in betu'ecn respondent r t.5 and late Sri Velpula Venkitnna, 1n c hangi ng/ rlutating the revenue recol-ds elt tlre instancc of rcspondenl No.5 or thc- basis of agreement of sale $'as entcred- 'lill the date o'death of tl-re father of thc pctitioner on 22.03.202O or as <rr thc date of issuing Viraasat proceedings b-y rcspondent \ 1.5, late Sri Velpula Venkanna has not taken anv action, ei rcr to geI his alleged simple sale deed dated 0,1.12.2013 r-,1ularized, o1- was he in possession of the dislruted prop,' 1v t,hrch is evident from tht-' records till 2O2O, u.l-rich shoq s rhe name of the father of the petitioner

7.. Learned counsel appearing lor the petitior er submitted that the trial Court dismissed the application , rr injunction by order datecl 19.O3.202 1 observing that t re petitioner failed to produce any document to shorl that he is possession of the schedule property but as p< r Ex.P.2, the unofficial respondent were the o\\/ners witho' . considcring the pleading made in support of the a I plication for injunction and also thc suit. The p. itioner filed I'age 7 ofq C.M.A.NO. 16 12021 and at that juncture, since the original defendant Sri Velpula Venkanna died, his legal heirs had to be brought on recorci as legal heirs, apart from transfcr of the suit from Huzurr:rltad to Hanumakond:t. On thc reconstitution of the districts, thc CN'IA \\'as re numbered as C.M.A.No. 11412022 and thc suit was renumbered as O.S.No. 1212 12O21 and pcnding cortsidcratiotr beforc the learned I Additional Jr-rnior Civil .Iudge, Hanumakonda

8. The father of tl-re petitiotrer has also availed crop loan on 30.10.2019 for Rs.1,06,00O/- against Sy.No.51 I /A, admeasuring Ac.O.16. The petitioner also invoked the jurisdiction of respondetrt No-3 being the statutory appellate authority Rc.No.E3lSplTrlb/l85l2O2ll. The petitioner filed a No.Al2685 l2O2O (present File complaint in December, 2022 , before respondent No.2 informing about the collusion/ irregularities committed by respondent No.S in mutating the land in favour of late Sri Velpula Venkanna to lar.,,' ar.ld the procedure contemplated under the ROR Act. Pagc 8 of 9 T\

9. Respondent No.3 in the statutory appeal ile d against the impugncd proceedings of respondent Nc. j, has also failecl to take al independer-rt vicu' on the alle . rtions made bv the petitior-rcr, both by u,a_y ol procedurzrl illt.; alrtres apar-t from ground realities while passing the impug-:d orclers in Memo

07.o4.2023 I.ilc No.RC.No.E3lSplTrb/ 18512O21, r,r.hile rcl. latrng the petitioner to wait lor the olltcome of the civil srr L, u,l-rich has been necessitated only because ol the r,r'ron11 At:rs of Lhe respondents, in not follou,ing the procedure , ontemplated under the ROR Act, and not applying thcir nirrcl to the allegations made in support of the case of the p:titior-rcr and directing thc petitioner to wait for the outconte rl'the resrrlts o[ the suit, which is nothing but abusc of p - rcess of ltru' Hence, the present writ petition

10. Learncd Assistant Government Pleader for Revenue would submit that upon proper verification of tl c documents belore it, respondent No.5 has mutatcrl the name of Sri Velpula Venkanna in the revenue recorc s ald issued I i I i ! i I I I I pattedar passbooks in his name in respect of land to an extent of Ac.0.i6 guntas in S1'.No.511/A. I 1. In the ligl'rt ol the aforesaid facts and circumstances of the case and ttpon perttsing tl're material availablc on record, this Court docs not see any ground or reason to entertain the present writ petitlon. Since the parties have already approached the Civil Court, ancl the issuc involved hercin is already ceased of by the Civil Court, the petitioner can as u.ell approach the Civil Court ior reciressal of his griei'ance' Under these circumstanccs, this Writ Pctitiorl is devoid of merits and is accordingll' dismisscd. There shall be no orders as to costs. Miscellaneous petitions, if an,v, per-rding in this writ pqtition shall stqtd clq9ed. //TRUE COPY// To, 1 . The Principal Secretary Revenue Department, S Hyderabad. Sd/.T.SRINIVASA REDDY SISTANT REGISTRAR SECTION OFFICER riat, Telangana State, i. Tn" Cni"f Commissioner for Land Revenue State of Telangana, Abids, Hyderabad

3. The District Collector cum Authority under Special Tribunal State of Telangana, Hanumkonda district

4. The Revenue Divisional Officer, Elkaturthi mandal, Hanumakonda Hanumakonda District.

5.TheTahsildar,Elkaturthimandal,Hanumakonda.HanumakondaDistrict 6. One CC to SRI A.P.VENUGOPAL, Advocate. [OPUC] 7. Two CCs to GP FOR REVENUE' High Court for the State of Telangana' tOUI

8. Two CD Copies. w HIGH COURT DATED:1111212025 1a H€ s o * .,t |]2 I I ORDER WP.No.2761 of 2024 DISMISSING THE WRIT PETITION WITHOUT COSTS \\ ( 5 >