High Court · 2025

. The State of Telangana, Rep by its Principal Secretary (Revenue Department . The District Collector -cum- Member, Spl.Tribunal Nalgonda District at . The Revenue Divisional fficer, Miryalaguda Division, Nalgonda District. . The Tahsildar, Nidamanur Mandal, at Nidamanur . . Kukkadapy Narayana, S/o Anthiah, Age 44 years, Occ. Agricultural, Rl/o . Kukkadapy Venkanna(since died) being LR (R-7), Nalgonda _ _ . Smt. Kukk-apadau Laxmi, Wo late Venkanna, age.60 years, R/o Opp. . Smt. Aleti Kalamma, Wo Satyanarayana, age.56 years, Occ.House wife, Ri/o . H.NO. 5-1 1-1 18, Shanthinagar, Mushampaly Raod, Nalgonda Town and(M)' Nalgonda District. Mutyalamma Temple Chityal (V). and (M), Nalgodna District Yenabelli Village, Nidamanoor Mandal, Nalgonda District . Smt. Charagondla Ramulamma, Wo Narayaha, Age. Major, Occ. Houssr Wife, Rl/o H. NO. 6-128, Sairam Theater shoping Complex Raod, Main Road, Bhoodan Pochanampally (V) and (M),Yadadri Bhongir District.

0. Kukkadapu Anjaneyelu, Sio Anthaiah, age.50 years, Occ.Pvt Works, FUo 1 2 3 4 5 6 7 I I 1 YenabelliVillage NidamanoorMandal, Nalgonda Dishict. ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an order, direction particularly one in the nature of WRIT OF CERTTORARI call for the records pertaining the impugned orders vide No. No.F2i Spl. Tribunal/062112021 , dt.261312122, on the file of the Special tribunal Nalgonda headed by the 2nd respondent, without applying the mind, and law as abuse of process of law, hits the principle of natural justice Audi Altrum partum and liable to SET-A-SIDE /QUASH by declaring as arbitrary, iilegal. 1A NO: 1 OF 2022 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 pleased to suspend the impugned orders vide No. No.F2lspl. Tribunal/0621 t2oz1, d1.26-3- 2022, on the file of the Special tribunal Nalgonda headed by the 2nd respondent pending disposal of the writ. I lA NO: 2 OF 2022 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 pleased to extend the interim orders pleased to passed in l.A.No. 1 ot 2022lN wp.No. 18339 of 2022 Dated. 18-4-2022 until further orders pending disposal the above writ petition. lA NO: 1 OF 2023 Petition under Section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to extend the interim orders pleased to passed in wp No. tagsg ot 2022 dated 1810412022 until further orders pending disposal the above writ petition. lA NO: 1 OF 2024 Petition under section I s 1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to extend the interim orders pleased to extend the interim orders passed in WP.NO.18339 ot 2022 passed on 18-4-2022. Counsel for the Petitioners: SRI G.L.NARASIMHA RAO Counsel forthe Respondent Nos.1 TO 4: Gp FOR REVENUE Counsel forthe Respondent Nos.s TO 10: - The Court made the following: ORDER HON'BLE SRI JUSTTCE C.V.BHASKAR REDDY WRIT PE'TITION No.18339 of2022 ORDER: This Writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: "...to issue an order, direction particularly one in the nature of WRIT OF CERTIORARI call for the records pertaining the impugned orders uide No.F2/ Spl. Tribunal/OO2 t /2021, dt. 26/3/2022, on the file of the Special Tribunal, Nalgonda headed by the respondent No.2, without applymg the mind, alrd law as abuse of process of law, hits the f,rinciple of natural justice "Audi Attrum pdrtutt, and liable to SETASIDE /eUASH by declaring as arbitrary illegal and pass..."

2. It is stated that an appeal has been filed aggrieved by the orders passed by respondent No.4_Tahsildar, Nidamanur uide proceedings No.B/ 7O36/2OL}, dated, 07.O6.2OL9 under Section 5(S) of the Telangana Rights in Land and Pattadar passbooks Act, I9ll(for short, "the Act, 197 1") and the Rules made there under. pending adjudication of the said appeal, the Act 1971 was repealed and replaced by the Telangana Rights in Land and Pattada.r Passbooks Act, 2O2O, whereunder the jurisdiction has been conferred under Section 16 of the Act, l97L to the Special Tribunal constituted under G.O.Ms.No.4, Revenue (Assignment-I) Department, dated L2.OI.2O2|. In terms of the said G.O., the appeal filed by respondent No.5 under Section 5(5) of the Act, 1971 was transferred to the Special Tribunal, Nalgonda. The Special Tribunal after calling for the reliort from respondent No.4, found that the father of the petitioner therein i.e., Kukkadapu Anthaiah S/o. Venkaiah was in possession of the subject lands admeasuring Acs.O7.27 guntas in Sy.Nos.4O3/1, 4O4/1, 416, 417 situated at Yerrabelli Village, Nidamanoor Mandal and after the death of the father ol the petitioner therein, the subject property was got mutated in the name of the mother of the petitioners. It is the case of the petitioners that with the consent of all co-sharers, respondent No.4 has passed orders in proceedings No.B/1O36/2O19, dated

07.06.2019 to the extent of division of property. However, respondent No.S disputed the said division stating that fraudulently the petitioners and other co- -- \ \l \. r-=q \ t-. sharers have mutated their names in the . subject property. The Tribunal, after verification of the records, found that before mutating the names.of the petitioners and other co-sharers, respondent No.4 has not followed the procedure and since there are serious disputes among the co-sharers, the Tribunal has set aside the orders passed by respondent No.4 by granting partition of the property and for consequential mutation of the revenue records and relegated the parties to approach the cornpetent Civil Court.

3. l.earned counsel appearing for respondent No.S relied upon Section 59 of the Telangana Land Revenue Act, 1317 Fasli and stated that after the death of the original pattadar, the name of the elder of the farnily has to be recorded as "pattadar" as a custom and the remaining co-sharers' natnes have to be recorded as "shikamdars' or "hissadars". It is further contended that if, at any time, any person produces any document against the claimants of the patta, with regard to his right of preference, amendment in Government records shall be made in accordance with law.

4. In view of the above submissions, this Court is of the view that since the lands are ancestral properties and are liable for partition as per the governing personal law and as it is the case of respondent No.5 that the petitioners and other co-sharers have fraudulently obtained their mutation in their narnes and as there was no division of properties with metes and bounds, there is no illegality or irregularity in the orders passed by the Special Tribunal relegating the parties to approach the competent Civil Cqurt for division of properties by instituting an appropriate suit.

5. In vi-ew of the same, this Court does not find any reason to interlere under Article 226 of the Constitution of India. However, the existing entries in the revenue records shall be maintained in the name of the mother of the petitioners i.e., late Pichamma, till the suit for partition is decided among the co-sharers in accordance with law. It is needless tc observe after obtaining necessary decree from the competent Court, the petitioners and co-sharers are entitled to make appropriate application for mutation of their names and for consequential issuance of pattadar passbooks 1n accordance with law

6. With the above directions, the writ petition 1S disposed of. No costs. As a sequel, the miscellaneous petitions pending, if aly, shall stald closed. //TRUE COPY// SD/.N. SRIHARI DEPUW REGISTRAR SECTION OFFICER ariat, at Hyderabad, To

1. The Principal Secretary (Revenue Department ) S State of Telangana.

2. The District Collector -cum- Member, Spl.Tribunal Nalgonda District at Nalgonda.

3. The Revenue Divisional Officer, Miryalaguda Division, Nalgonda District. 4. The Tahsildar, Nidamanur Mandal, at Nidamanur . 5. One CC to SRI G.L.NARASIMHA RAO, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUTI

7. Two CD Copies PSK. \a_ LS HIGH COURT DATED:04/0312025 ORDER WP.No.18339 of 2022 rrE S fq 14: j' '.)\ 'r, O 2 i,iAY zufr Pz o OF sPrrt CH cO * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \o .rdo[ tr'*