High Court · 2025

Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the operation of the order passed in Revision petition No.E3/1674r201g dated 02-02-201 g by the 2nd Respondent, pending drsposar of the writ petition. Counsel for the petitioner : SRI K.DURGA PRASAD Counsel for the Respondents : SIIIT.S. SRAVANTHI, ASST.GP FOR REVENUE W.P.No.4532 0F 2019 Between: 1 K. Ravinder Rao S/o. Narsinga Rao Aged 40_years, Rto. H.No.2_9_72117 2 suram srinrvasa Reddy, S/o- Aga Reddy Aged 42years R/o H.No.2_8_573/1 NGos Cotony. Hanamkonda. Wrmnl-,r'f rYIi,n't u,rtn.t NGos Colony lndrra Nagar, irrirri"oi?rlWr"rangat (Urban) District , AND ..PETITIONERS

1. 2

4. ep. by its prl. Secretary Revenue Department The State of Telanqana. R Secretariat. HvderaiacJ The Joint Regirtr"r, Warangal, Warangal District The Tahsildar, Hasanparthy Mandal Warangal (Urban) District Polam Uma Rani, D/o. Sud uasanpi.t[y n,r]'i;oZrb#ilEhrl:3:[",Ti,]|jl:lfl?t,.f,t r;il,]"p.. rahsirdar ...RESPONDENTS petition under Articre 226 0f the constrtution of rndia praying.that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the canceration of GpA and sare Deed Document No 3655 of 2019 dated 12-02-2019 by the 3rd Respondent in the office of the 2nd Respondent as illegal, null, void and arbitrary. ,/ tA No: 1 oF 2019 PetitionunderSectionlSlCPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition' the High Court may be pleased to suspendtheCancellationofGPAandSaleDeedDocumentNo3655of20l9dated 12-02-2olgbythe3rdRespondentintheofficeofthe2ndRespondentforthwith pending disposal of the present Writ Petition Counsel for the Petitioner : SRI K.DURGA PRASAD co u nse I for the Res po n d ents : i$J+l;T#l[lt'i * r, The Court made the following: ORDER THE HON'BLE SRI JUSTTCE K.SARATH WRIT PETITION Nos.2752 and 4632 0F 2019 COMMON ORDER: In both writ petitions, the suit schedule property belongs to an extent of Ac.4_00 guntas in Survey No.360/2 (360/B) situated at Bhimaram Village, Hasanparthy Mandal, Warangal (Urban) District. In view of the same, both the writ petitions are heard together and passed common order by taking W.p.No.2752 of 2019 as leading case.

2. In W.P.No.27S2 of 2019 questioning the orders passed by the Joint Collector, Warangat (urban) District at Warangal cancelling the pattadar passbooks and title deeds issued in favour of the petitioners in Revision Petition frled under Telangana Rights in Land and Pattadar Pass Books Act, lg7l (for brevity .,the ROR Act, 7971") vide No.tr3l 1674/2018, d.ated, 02.02.2019 for the land in Sy.No.36Ol2 (360/B) to an extent of Ac.4_00 SK,J W,P.Nos,2752 & 4632 of 2079 guntas situated at Bhimaram Village, Hasanparthy Mandal, Warangal (Urban) District.

3. In W.P.No.4632 of 2OI9 questioning the cancellation of GPA and Sale Deed Document No'3655 of 2019, dated 12.02.2079 by the Tahsildar, Hasanparthy Mandal, Warangal (Urban) District in the office of the Joint Registrar, Warangal District.

4. Heard Sri K.Durga Prasad, learned counsel appearing for the petitioners, Ms. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the entite material on record.

5. Learned counsel for the petitioners submits that the petitioners are owners, pattadars and possessors in respect of their land to an extent of Ac'4-OO guntas situated at Bhimaram Village, Hasanparthy Mandal, Warangal (Urban) District purchased from their vendors SI(,J W.P.Nos.2752 & 4632 of 2079 through Sale Deed bearing Doc.No.5566/2OO7, dated

20.O9.2OO7 on the hle of Sub-Registrar, Warangal (Rural). Thereafter, the petitioners approached the respondent authorities and the Tahsildar, Hasanparthy Mandal has mutated the records and issued pattadar passbooks and title deeds in Khata No. 1286 and l2g7 respectiveiy to the petitioners. At the time of mutation, the respondents not mutated the records and the petitioners approached this Court and filed W.p.No.36g6 of 2012. Before mutating the land records, the Revenue Divisonal Ofhcer, Warangal addressed_ letter to the Tahsildar, Hasanparthy proceedings Rc.No.F/797 /2016, dated Ot.O9.2Ot6 directing the Tahsildar to take necessary action for mutation of land in Sy.No.360/B or 360/2 admeasuring Ac.4-00 guntas to the petitioners as per the provisions of the ROR, Act. Subsequently, the Joint Collector taken Suo motu revision under ROR Act for cancellation of the title deed.s \ 4 SK,J W.P.Nos.2752 &' a632 ol 2019 and pattadar passbooks in favour of the petitioners granted for the land to an extent of Ac'4-OO guntas situated in Sy.No.360/B or 36012' The said order is impugned in the writ Petition'

6. Learned counsel for the petitioners further submits that the total extent of land in Sy'No'360' sitiated at Bhimaram Village, Hasanparthy Mandal is Ac'16-23 guntas. The said land was bifurcated into three bits as Sy.Nos.360/A,360/B and'360lC' As per the inspection of Deputy Inspector of Survey, Warangal Division' the spot possession in Sy.No'360/A shown in the subdivision location sketch as 360/1 to an extent of Ac'5-2 1 guntas is under possession of Smt' Namindla Suguna and others whose names are in the Pahani for Sy'No'360/A' In Sy.No.360/B shown in the subdivision location sketch as Sy.No.36O/2 to an extent of Ac'5-2 1 guntas out of this area Ac.4-OO guntas is under possession of the petitioners and the remaining part of area Ac'l'21 guntas 5 sr,J W.P.Nos-2752 & 4632 of 2079 are in favour of the pattadar. The Sy.No 360/C shown in the subdivision location sketch as Sy.No.36O/3 to an extent of Ac.5-2 1 guntas and out of this area to an extent of Ac.5-03 guntas were acquired for house sites to the landless poor, but not impleaded in the pahani as Government land and the Land Acquisition Ofhcer/ Tahsildar, Warangal (Rura1) vide Award proceedings Rc.No.LA/H-2062/192, dated 14.06.19g3, for an extent of Ac.5-03 guntas out of Ac.5-21 guntas in Sy.No.360/3 situated at Komatipalli, H/o. Bheemaram Viilage, Hasanparthy Mandal. But mistakenly in the award the acquired land was shown as Sy.No.360/3 correlates to Sy.No.360/8. In fact the said land has to be shown as 360/C or 360/3. Basing on that mentioning, the Joint Collector taken suo-muto revision petition under Section 9 of the ROR Act, 1971 showing Tahsildar as revision petitioner and passed impugned orders stating that the petitioners have encroached the Government land in 6 SK,J W.P.Nos.2752 & 4632 of 2019 Sy.No.36O/3 to an extent of Ac'4-00 guntas cancelling the pattadar passbooks and title deeds in favour of the petitioners.

7. Learned Counsel for the petitioners further submits that aggrieved by the orders in the revision petition' the petitioners approached' this Court and hled W'P'No'2752 of 2019 and at the stage of admission, this Court granted interim direction directing the respondents to maintain status-quo in I.A.No. I of 2Ol9 in W'P'No'2752 of 2079' dated 12.O2.2019. Subsequently, the same was extended. Pending the said writ petition, in spite of status quo orders the respondent- Tahsildar executed the cancellation of GPA cum Sale Agreement Document No.4560/2007, dated 08-08.2007 and Sale Agreement Document No.5566/2007, dated 20'O9'2OO7 on the ground that mutation proceedings was cancelled by the Joint Collector by executing the canceilation of GPA and 7 SI(,J W.P.Nos.2752 & 46s2 of 20t9 the sale deed vide Document No.3655/20 19, dated t2.o2.2019.

8. Learned Counsel for the petitioners submits the order passed by the Joint Collector in ROR suo_muto revrsron petition and also the canceilation of documents executed in favour of the petitoners unilateraliy without issuing notice to the pattadars is contrary to the Registration Act and both the documents are liable to be set aside on the ground that without veri$ing the records and without giving any explanation with regard to land acquired by the respondents in Sy.No.36O (3) to an extent of Ac.5-03 guntas and the land belongs to the petitioners to an extent of Ac.4_00 guntas are one and the same and there is no answer with regard to the acquisition of land to an extent of Ac.S.O3 guntas in Sy.No.36O/3. Without utilizing the land to an extent of Ac.5_03 guntas now the respondents want to take land of the petitioners to an extent of Ac.4-00 guntas on the guise of the Sy.No.360/B a SI(,J W.P.Nos,2752 & 4632 of 2079 is equivalent to 360/3. In fact, the said finding of the Joint Coilector is contrary to the Survey conducted by the Deputy Inspector of Survey, Warangai Division as per the report dated 18.07 -2016 and requested to allow the writ petitions by setting aside the impugned proceedings and cancellation of registration. g. Learned Assistant Government Pleader for Revenue basing on the counter filed by the respondents submits that the Joint collector having entertaining the suo-muto revision petition and after considering the irregular entries and consequential issuance of pattadar passbooks and title deeds, passed orders in revision petition declaring the land to an extent of Ac'5-O3 guntas falling in the part of Sy.No.360/B correlates to Sy.No.360i 2 of Bheemaram Village, Hasanparthy Mandal was acquired by the Government for the purpose of providing house ' sites and issuance of pattadar passbooks and title deeds in favour of the writ petitoners 9 sr,J W.P.Nos.2752 & 4632 of 2079 relying on the sale deeds of the subject land and the petitioners are miserabiy failed to establish their correct lntention in support of passbooks issued earlier irregularly

10. Learned Assistant Government pieader for Revenue further submits that the Government acquired the land to an extent of Ac.5-03 guntas for the purpose ot providing house sites for the weaker sections lorming part of Sy.No.360/2 correlates to Sy.No.360/B vide Land Acquisition proceedings No.LA/H/2062/1982, dated 14.06.1983. However, in the land acquisition proceedings, the lard acquired was shown as Sy.No.360/3 correlates to Sy.No.360/B is disclosed from the sub-division records prepared by the Assistant Director, Survey and Records Warangal, land records in Letter No.K7 /1884/1982, dated t2.17.t982. In award proceedings, the Sy.No.360lA and 360/8 mentioned as Sy.No.360/3. Subsequently, the same was re-notified as 70 SI(,J W.P.Nos.2752 & 4632 of 2079 36C /2 in supplementary sethwar' However the said corrections are renumbering the alphabets to numerical was not reflected in the revenue records and take advantage of the same, the petitioners with an active support of some greedy persons have entered into sale tralsactionsasifthesubjectlandwasformingpartof Sy.No.36O/3 and obtained pattadar passbooks and title deeds.

11. Learned Assistant Government Pleader for Revenue further submits after verilying the records' the respondent-Joint Collector following the procedure passed detailed order for cancellation of pattadar passbooks and title deeds in favour of the petitioners and there is no irregularity to interfere with this Court' The cancellation executed by the Tahsildar, Hasanparthy Mandal basing on the order of the District Collector as the property situated in Sy'No'36O12 was acquired by the Government but stating wrongly mentioned as / 11 slr,J W.P.Nos.2752 & 4632 of 2019 Sy.No.360/3. In view of the same, the powers conformed under the Registration Act, the Tahsildar presented the cancellation of GpA and Sale Deeds registered in Document No .4560 / 2OO7 , dated OB.OB.2OO7 and Document No.5566/2007, dated 20.og.2oor and there is no valid ground to interfere by this Court and requested to dismiss both the writ petitions. L2. Alter hearing both sides and perusing the material on record, this Court is of the considered view that at the time of arguments, this Court directed the respondents to produce the report pertaining to the letter issued by the respondent No.3 which was addressed to the respondent No.4 vide Rc.No.F/ tg7 /2016, dated 01.09.2016 and the report of the Deputy Inspector of Survey, Warangal Division dated 1g.07.2016. Today when the matter is called up lor hearing, the learned Assistant Government Pleader for Revenue has produced the copy of the letter issued by rhe respondent No.3 vide Rc.No.F/ 197 /2016, 12 SK,J W.P.Nos.2752 & 4632 oJ 2019 datedol.og.2016andthereportoftheDeputylnspector of Survey, Warangal Division which was addressed to the respondent No'3 dated 18 07 '2016' As per the above letterdatedOL-Og-2Ol6,theyhavewronglylistedthe land of the petitioners in Sy'No'360/B ot 36012 to an extent of Ac.4-OO guntas instead of Sy'No'36OlC or 36013 to an extent ofAc'5-03 guntas' The respondent No.3 specihcally directed the respondent No'4 to resume the land in Sy.No.360/C or 36013 to an extent of Ac'5-03 guntas into Government possession and stated that while verifying of records regard'ing how they become the pattadars of the land in Sy'No'36OlC ot 36013 and take necessary action for mutation of land in Sy'No'360/B or 360/2 to an extent of Ac'4-OO guntas to the petitioners as per the ROR Act' Without verifying the above documents,theJointCollector,Warangalhastakenup suo-muto revision. and cancelled the said proceedings and the same is illegal, arbitrary and contrary to the f 73 s'{,J W.P.Nos.2ZS2 & 4632 of 20t9 records. After conducting the held inspection, the competent authority i.e., the Deput5r Inspector of Survey, Warangrel Division has given a report as per the letter of the Revenue Divisional Officer, Warangal dated 01.O9.2O16 as follows: "1. As per the spot possession in Sy.No.36O/A shorvn in the sub-division location sketch as 360 / 7 to an extent of Ac.5 21 guntasis under possession of Smt.Namindla Suguna and others whose names are in the Pahani in 360/A.

2. As per the spot possession in Sy.No.360/8 shown in the sub_division location sketch as 360/2 to an extent of Ac.5-2 I out of this area Ac.4_O0 guntas is under possession of sri Kakkirata Ravinder Rao, S/o. Narsinga Rao and Suram Srinivas Reddy, S/o. Aga Reddy they are registered the land vide Doc. No.5566/ 2O07, dared 20.Og.2OO7 they are petitioners in W.p.No.3686/2012 of the High Court for the State of Andhra pradesh, Hyderabad, remaining part of area of Ac.I_21 guntas are in favour of pattadar,

3. As per the spot possession in Sy.No.360lC shown in the subdivision location sketch as 360/3 to extent of Ac.S 27 guntas. Out of this area, an 74 SI(,J W.P.Nos-2752 & 4632 of 2019 extent of Ac.5-03 guntas was acquired for house sites which is shown in green colour in sub-division location sketch. But this is not implemented in the Pahani as Government land. The award passed by Tahsildar' Warangal (Rural) vide Proc'No'LA/H -2062182 dated 14.06.1983 for an extent of Ac'5-03 guntas out of Sy.No.360/3 situated' at Komatipally H/o Bheemaram Village. In the same lald some persons are cultivating the lands and their names were entered in the Pahani' The remaining area to an extent of Ac'O-18 guntas in favour of the pattadar which is showed in orange colour in the sub-division location sketch "

13. From the above, it is clearly shows that at the time of land acquisition proceedings, the land acquisition authority acquired the land to an extent of Ac'5-03 guntas in Sy.No.36OlC or 360/3 but not in Sy'No'360/B or 360/2. In view of the same, the respondents cannot set aside the mutation proceedings granted in favour of the petitioners basing on their registered documents and cancellation of pattadar passbooks and title deeds is same has to be set aside' illegal and arbitrary and the Moreover, the respondents have not Produced any 75 sr(,J W.P.Nos.2752 & 4632 of 2019 document with regard to the payment of compensation to the pattadars. The respondents without showing any document with regard to the payment of compensation to the earlier pattadars in Sy.No.36O/2 or 360/8, cannot claim the land acquired by the respondents in Sy.No.360/2 or 360/8. In view of the same, the impugned orders are liable to be set aside.

14. In view of the above findings, the W.p.No.2752 of 2019 is allowed by setting aside the order passed by the respondent No.2 revision petition No.E3/1674/2018 dated O2.O2.2Olg as the same is contrary to the provisions of the Telangana Rights in Land and pattadar pass Books Act, IgZT and consequently, the respondent No.4_the Tahsildar has to continue the names of the petitioners in the revenue records as owners, pattadars and possessors of the suit schedule property situated in Sy.No.36O/B or 360/2 to 76 SK,J W.P.Nos.2752 & 46s2 of 2019 an extent of Ac'4-00 guntas situated at Bheemaram Village, HasanParthY Mandal'

15. In view of setting aside the orders in ROR revlslon petition No.E3/ 167412018 d'ated O2'O2'2O19' the cancellationofdocumentsofthepetitionersbelongsto the suit schedule property by executing cancellation of GPA cum Sale Deed document No'3655 of 2O19 dated 72.O2.2O1g on the file of Sub-Registrar' Warangal has to be declared as null and void and the same is liable to be set aside

16.Inviewoftheabovefindings'the-W'P'No'4632of 2019 is allowed by setting aside the cancellation of GPA cum Sale Deed document No'3655 of 2019 dated 12.O2.2OLg executed in the office of the respondent No'2' L7. Accordingly, both the writ petitions are allowed. There shall be no order as to costs' 17 SI(,J W.P.Nos.2ZS2 & 4632 of 2019 18. Miscellaneous petitions, if any, pending shall stand clo sed. To, //TRUE COPYII SD/-M. JAWAHAR REDDY TANT REGISTRAR SECTION OFFICER 1 t tate of Telangana, I?8Jrl.:f "'ta ry' Revenue Depa rtment, Secreraria 2. The Joint Collector, Warangal (Urban) District at Warangal. 3. The Revenue Divrsional Officer, Warangal (Urban) District, Warangal_ 4. The Tahsildar, Hasanparthy Mandal, Hasanparthy, Warangal (Urban) District 5. One CC to SRI K.DURGA PRASAD, Advocate [OpUC] 6 TworCCs to Gp FOR REVENUE, High Court for the State of Telangana. 7. fwo CD Copies. BSK BS HIGH COURT DATED:2Bt07t2O2S /a /,a',' l'r A 22 5E P O6 Si'^. COMMON ORDER WP.No.27 52 & 4632 ot 2019 ALLOWING THE WRIT PETITIONS WITHOUT COSTS tu11la,r