High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ. Order or direction more particularly, a Writ of Mandamus. declaring the action of the 4th Respondent in deleting the name of the Petitioner and substitutin sLt with the name of the 5th Res ondent in the impug ned proceedings dated.07.03.2020 in No. MUT/03/20/00065 2020 in respect of the land admeasuring Ac.0.31Gts in Sy.No.341lLU12, situated at Kuppagandla Village. Veldanda Mandal- Nagar-kurnool without notice or hearing the Petitioner as arbitrary. illegal and violates sec 5(3) of the Act and the Principles of Natural Justice. Article 14 and 300-A of the Constitution of lndia consequently to set aside the Orders No. MUT 03/20 00065 2020. dated 07.03.202O.passed the 4th Respondent. restore the name of the Petitioner in the Pattedar column of the revenue records. lA NO: 1 OF it020 Petitiorr under Section 151 CPC praying that in the circumstances stated in the affidavit liled in support of the petition, the High Court may be pleased to suspend the impugned proceedings dated 07 .O3.2020 in No. N,4UT/03/20/000 65t2O2O, during the pendency of the above writ petition. Counsel forthe Petitioner: SRI N.GANGADHAR, rep., SRI S.ASHOK ANAND KUMAR Counsel for the Respondents No.lto4 : GP FOR REVENUE Counsel forthe Respondents No.5: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.13768 of 2O2O ORDER: This writ petition is filed seeking lollowing relief: " .. ..to issue a Wit Order or direction more particularlg a Wnt of Manclamus declarirLg the action of tlLe 4th Respondent in deleting the name of the Petittoner and substituting it uith the name of the sth Respondent in the tmpugned proceedings dated O7-03-2O2O in No MUT/03/20/00065 2O2O in respect of the land admeasuing Ac.O-31Gts in Sg.No.34l/ LU/2 situated at Kuppagandla Village Veldanda MandoJ Nagarlatrnool without ratice or learing the Petitioner as arbitrary illegal and violates Sec 53 of the Act and the Principles of Noturql Justice ArticLe 14 and 30OA of the Constitution of India cnnsequentty to set aside the Orders No MUT/ 03/ 20/ 00065/ 2O2O dated 07-03-2020 pa.ssed. the 4th Respondent restore tLe name of the Petitioner in the Pattedar column of the reuerute record-s and pass...'

2. Heard Sri N.Gangadhar, learned counsel representing Sri S. Ashok Anand Kumar, for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent No.3.

3. No representation on behalf of respondent No.s. 4 . l,earned counsel for petitioner submitted that petitioner's husband is the owner of an extent of Ac.O.30 gts in Sy.No.341 ILU /2 situated at Kuppagandla Village, Veldanda Mandal, Nagarkurnool District. As the petitioner's husband neglected her, she Iiled O.S. No. 142 of 2OO8 and also sought charge over the land in Survey No. 339/UU to an extent of Ac. 2.OO and Survey No. 341 to an extent of Ac. O.31 guntas, situated at Kuppagandla Village, Veldanda Mandal. ) F- \r:i Subsequently, the petitioner's husband executed a Gift Settlement Deed in her favour, vide Document No. 9977 of 2010, dated

04.10.201).

5. lrarned counsel further submitted that the petitioner filed an application for mutation of the said land in hep favour, which was duly sanctioned vide File No. Bl549l2ol4 and accordingly, the petitioner'r; name is being recorded in the Adangals from the year 2014 onw:rrds and she was also issued Pattedar Passbooks. However, on O7.O3.2O2O, respondent No.4 passed the impugned mutation proceeding.s vide File No.MUT/O3/2Ol00065l2O2O, direcring incorporatron of the name of respondent No.S by deleting the petitioner'sr name in respect of land admeasuring Ac.O.31 guntas in Survey Nc'.34llLU/2, situated at Kuppagandla Viltage, Veldanda Mandal, Nagarkurnool District (subject land). Petitioner submitted an application dated 28.07.2020 for correction of entries in the revenue records. l3ut the respondent authorities have not entertained the same. Aggrieved by the same, the petitioner has filed tJre present writ petition.

6. Learned counsel for the petitioner contended that the impugned proceedings dated 07.O3.2020 was passed without issuing any notice to the petitioner and without following due process of law. He further submitted that as per Section 5(3) of the Teiangana Rights in Land and Pattedar Passbooks Act, 1971 (for brevity 'the Act") respondent No.4 oughr: to have issued notice and provided an opportunity of 3 hearing before passing the impugned order dated 07.03.2020. Since no such opportunity was given, the impugned order is illegal and liab1e to be set aside. 7- Respondent No.S hled a counter contending that the petitioner,s husband had sold the said land to him and executed a registered sale deed bearing Document No. 6O77 12007, dated 29.06.2007. Since there was an error with regard to survey numbers in the said document, a rectification deed was subsequently executed and registered vide Document No. 9l8l/2OO8, dated 26.08.2008, for rectifying Survey Nos. 341 and 342, covering a total extent of Ac. 1.20 guntas; that the Sth respondent submitted an application to the revenue authorities seeking mutation of entries in the revenue records for incorporation of his name and entrusted the matter to his brother to ensure that his name was incorporated in the records in respect of the said land and he migrated to the city for his livelihood.

8. It is further contended that the petitioner and her husband committed fraud by executing a Gift Settlement Deed bearing Document No.9977/2OlO. On coming to know about the same, he frled a complaint and basing on which a criminal case has been registered against the petitioner and her husband vide Crime No. l38 of 2O2O, dated O4.O7.2O20, for the offence punishable under Section 42O of tlre Indian Penal Code, and the same is pending investigation. \,';i - 4

9. Learned Assistant Government Pleader for Revenue submitted that basing on the application dated 1O.O1.2O2O made by respondent No.S, after issuance of Form.8(a) notice to all tJle parties concerned, respondent No.4 passed the impugned orders vide File No. MUr/B/t'.O/00065l2O2O, dated 07.o3.2O2O, by following due process of law.

10. It is evident that the husband of the petitioner, along with respondent No. 5, purchased an extent of Ac. 2.O0 guntas under a registered sale deed. The petitioner's husband executed a sale deed bearing Document No. 6077 of 2007, dated 29.06.2007, which was later rectilied vide Document No. 9181 of 2OO8, dated 26.08.2008. Thereafter, the petitioner's husband executed a Gift Settlement Deed bearing Dt>cument No. 9977 of 201O, through which an extent of Ac.O.3l glintas in Survey No.34 I was gifted to the petitioner. The petitioner's name has also been mutated in respect of the said extent, now bearing Survey No. 34llLU /2.

11. Peru:;al of impugned order disclose that no valid reason have been assigeed for deletion of the name of the petitioner. It appears that, baserl on the application of respondent No.s, the petitioner,s name was rleleted and the name of respondent No.S is incorporated in the reventre records in respect of the subject land. However, impugned r>rder is silent as to whether any notice was issued to the petitioner Jrrior to passing the order. From the above, it is evident that, the procedure contemplated under the Act has not been followed 5 by the respondent authorities by issuing notice to the affected party i.e. the petitioner herein.

12. Considering the facts and circumstances of the case, writ petition is disposed of with a direction to respondent No.4 to consider the representation, dated 28.07.2O2O submitted by the petitioner for correction of entries and pass appropriate orders strictly in accordance with law by duly issuing notice to the petitioner and all affected parties and to take further necessary steps if required. The respondent No.4 shall complete the entire process within a period of three months from the date of receipt of a copy of this order.

13. Accordingly, the writ petition is disposed of. There shall be no order as to costs- Miscellaneous petitions, if any pending, shall stand dismissed S P. PONNA KRISHNA ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1 To,

1.7 he State of Telang ana, Revenue Depa rtment. Secretary, secretari at Building. Secretariat. HYd a its PrinciPal Telangana State.

2.TheDistrictCollector'NagarkurnoolDistrict.Nagarkurnool. 3. The Revenue Divisional Officer' Kalwakurthy Nagark-umool District' 4. The Tahsildar, Veldanda' Veldanda Mandal' Nagarkurnool District 5. ONC CC tO SRI S.ASHOK ANAND KUMAR, AdVOCAIE. TOPUC] 6. Two CCs to GP FOR REVENUE' High Court for the State of Telangana'

7. Two CD CoPies. BSK BS YL HIGH CCIURT DATED:iiO11012025 THE S T4 Y ?2uruzozo orJ * i:\ 'k ORDER WP-No.13768 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o \Y- <N*