The High Court · 2025

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction, more particularly one in the nature of Writ of Certiorari, calling for the records relating to the File in Case No. 821218012017, Tribunal Case No, 1DtV2000008202, dated 22-06-2021 , on the file of the Special Tribunal, Peddapalli, and quash the same. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances staled in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. S-Tahsildar not to register and not to make any entries in the Revenue records, in respect of the agricultural land to an extent of Ac. 4-03 Gts. in Sy.No.245l8, situated at Ir,4edipally Village shivar of Ramagundam lvlandal, Peddapalli District, pending disposal of writ petition. lA NO: 2 OF 2021 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 ROR Proceedings in No. 447l8g issued in favour of the unofficial respondents, pending disposal of writ pelition. 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 direct the Respondent No.'l 5 not to entertain any document for registration in respect of land in Sy.No. Sy.No 2458, an extent of Ac. 4-03 Gts., situated at l\/edipally Village Shivar of Ramagundam Mandal, Peddapalli District, in the interest of justice. Counsel for the Petitioners: SRI T. RAMCHANDER RAO Counsel for the Respondent No.1 to 5: ASST. GP FOR REVENUE Counsel for the Respondent No.6 to 8: SRI P. RAVI KIRAN Counsel for the Respondent No.10 to 14: SRI K. RAMREDDY The Court made the following: ORDER ,THE HON'BLE SRI JUSTICE E.V.VENTIGOPAL WRJT PETITION No.16776 of 2O2l ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: "....1o issue ang appropiate uLit order or direction more partianlarlg one in the nahtre of Wit of Certiorai calling for the records relating to the File in Case No.B2/ 2 1 80/ 2O17, Tribunal Case No.LDM2000O0B202, dated 22.06.2021 on the file of the Special Tibunal Peddapalli and quash the same and to pass...."

2. Heard learned counsel appearing for the petitioners, learned Assistant Government Pleader for Revenue, appearing for respondent Nos. 1 to 5 and learned counsel appearing for respondent Nos.6 to 14 and perused the record.

3. Learnerl counsel appearing for the petitioners would submit that the petitioners herein are the absolute owners, possessors and pattedars of land to an extent of Acs.4.03 guntas in Sy.No.245/8, situated at Medipally village shivar of Ramagundam Manda1, NTPC locality, Municipal Corporation, Ramagundam. In the year 1980, the official Page 2 of5 ,1 respondents took a plea before the Tribunal that the land purchased from the father of petitioner Nos. 1 and 2 natrely Srihari Rao and Agam Rao through simple sale deed and the sa-le was regula-rized belore the Tahsildar, Ramagundam Mandal in ROR No.447/89 in the year 1989. Respondent Nos.6 to B filed counter before respondent No.4 ln case No.B2/2180/2017 stating that the original simple sale deed executed in favour of respondent No.4 therein, Chinthala Shankaraiah by the appellant Nos.1 to 3. 4 . Learned counsel lurther submitted that respondent No.5 issued Form- 13(b) in favour of respondents in the year 1989 ald the names of the petitioners are shown in patta column from the year 1980-81 upto 2006-07 and the name of the father of the petitioners was continued upto 2006-07 without any sale deed. Petitioner No.2 requested respondent No.5 to furnish the copies of ROR file No.447 /89. Respondent No.5 issued a Memo ulde No.B/RTI/ll4/2OlB, dated 24.10.20 18 stating that the fi1e could not be furnised as the sarne was not available in the office. Thereafter, petitioner No.2 requested respondent No.S to furnish the - I'agc 3 of5 pahanies for the year 1996-200 1 for Sy.No.245l8, situated at Medipally village of Ramagundam Mandal. Respondent No.S issued a Memo No.C/117/2O21, dated 1.3.07.2021 stating that the pa-hanies for the above year could not be issued as the sarne were not available in the ofhce. When the petitioners caine to know about the removal of their narnes from the patta column, they immediately liled Appeal No.218O/2017 before respondent No.4. Whiie the appeal is at the stage of hearing, on account of subsequent developments, the appellate authority has not considered the said appeal and directed the Special Tribunal to dispose of the said appeal. The Special Tribunal without going into the merits of the case has dismissed the appeal erroneously. Aggrieved by the same, the present writ petition is filed.

5. l,earned counsel appearing for respondent Nos.6 to 14 would contend that on verification of file No.B/879/2019, it is noticed that the then Tahsildar, Ramagundam was issued 13-B certificate uide ROR No.447 /89 rn favour of Chinnala Chandraiah, Sathaiah and Kistaiah, to an extenr of Acs.3.20 guntas in Sy.No.245/8. The District Collector, Peddapally I'agc 4 of5 and Special Tribunal under the Telangana Rights in Lald and Pattadar Passbooks Act,2O2O has passed the order that the petitioners have not produced any documentary evidence in support of their claim and the va-lidation of simple sale deed was done under the ROR Act and the names of the unofficial respondents were recorded as pattedars in the year 2OOI-2OO2 on wards and the petition filed by the petitioners is barred by limitation and the same is liable to be dismissed.

6. Learned Assistant Government Pleader for Revenue, for respondent Nos. 1 to 5 would submit that materia-l placed before this Court does not have any sustainability in the eyes of law. Hence, seeks to dismiss the present writ petition. 7 . Under these circumstances, this Court deems it appropriate to set aside the order passed by respondent Nos.2 and 3 in Case No.B2I2I8O/2O17, Tribunal Case No.LDM2OOOOOB2O2, dated 22.06.2021, and to remand the matter back to the revisional authority - respondent No.4 constituted under Section 1 5( 1) of the Bhu Bharathi Act, : I I I I'age 5 of 5 2025, who shall, in turn, afford arr opportunity of hearing to the petitioners and all concerned parties as b.y procedure established by law arrd uporl examination of the records pass appropriate orders in accordance with law, as t:xpeditiously as possible, preferably within six months from the date of receipt of a copy of this order.

8. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending, sha-Il stand closed. //TRUE COPYII SD/. A ^\ .GOWRI SHANKA TANT REG R TION OFFICER \ To, Secretariat, Hyderabad. 1 . The Principal Secretary, The State of Telangana. Revenr-re Department, 2. The District Collector, Peddapalli District, Peddapalli 3. The Additional Collector, Peddapalli District. 4. The Revenue Divisional Officer, Peddapalli Division, Peddapalli District. 5 The Tahsildar, Ramagundam Mandal, Peddapalli District 6. One CC to SRI T RAIMCHANDER RAO, Advocate [OPUC] 7. One CC to SRI P. RAVI KIRAN, Advocate [OPUC] B One CC to SRI K RATMREDDY, Advocate [OPUC] 9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. 1 0. Two CD Copies BN TKS Av HIGH COURT DATED:0310912025 a. "/ ORDER . S I.t r( 2 g 0tT 206 I o tJ c L '/ WP.No.16776 of 2021 l)E 5pA DISPOSING OF THE WRIT PETITION WITHOUT COSTS \1 ,/r \t