IRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. BHASKAR REDDY WR lT PETITION NO

...RE'''NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stateci in the affidavit filed therewith, the High Court may be pleased to issue a writ. order or a direction, more particularly one in the nature of writ of Mandamus. declaring the orders in Proceedings No.D',ll03l2021-court case, dated O4lO5t2O23 of the District Collector, Mahabubnagar, as being arbitrary, illegal unreasonable, without jurisdiction and contrary to the provisions of the Telangana Rights in Land and Pattadar Passbooks Acl, 2020, violative of principles of natural justice and violative of Articles 14,21 and 300-A of the Constitution of lndia and set- aside the same lA NO: 1 OF 2024 Petition under Section '15'l 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 orders in Proceedings No.D1103/2021-Court Case, dated 0410512023 of the DistricE Collector, Mahabubnagar, pending disposal of the writ petition lA NO: 1 OF 2Q25: Between: '1 . T. Mogulaiah, S/o Late Balaiah, Aged about 53 years, Occ Agriculture, R/o. Bandameedipally Village, Mahabubnagar Urban Mandal and District. 2. Smt. T. Laxmamma, Wo. Krishnaiah, R/o. Bandameedipally Village, Mahabubnagar Urban Mandal and District. ....PETITIONERS/RESPONDENTS 6 & 7 AND

4. 5. 6. 7. T. Sattaiah Goud, S/o. Chinnappa Goud, Aged about 65 years, Occ. Business, Rt/o. Pothulamadugu Village, Bhoothpur Mandal, Mahabubnagar District. Smt. T. lswarya, Wio. Late Krishnaiah Goud, Aged about 56 years, Occ. Business, R/o. Pothulamadugu Village, Bhoothpur Mandal, Mahabubnagar District' ...RESpoNDENTs/pETrroNERS The State of Telangana, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Hyderabad. The District Collector, Mahabubnagar District, Mahabubnagar. The Joint Collector, Mahabubnagar. The Revenue Divisional Officer, Mahabubnagar, Mahabubnagar District. TheTahsildar,BhoothpurMandal,MahabubnagarDiskict. ...RESpoNDENTS 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 vacate the orders dated 25.06.2024 passed in lA No. 1 ol 2024 in WP No. 15967 of 2024 and consequently dismiss the WP No. 15967 of 2024 Counsel for the Petitioners: SRI PALLE SRINIVASA REDDY Counsel for Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for Respondent Nos. 6 & 7: SRI V. SEETHA RAMA ADVADHANI WPTITION NO: 25148 OF 2024 Between: T. Anjaneyulu Goud, S/o. late T. Chinnappa Goud, aged about 68 years, Occ. Business, R"/o Pothulamadugu Village, Bhoothpur Mandal, Mahabubnagar District- ...pETraoNER AND

1. The State of Telangana, rep. by its Principal secretary to Government, Revenue Department, Secretariat, Hyderabad. 1

2. Th; District Collector, Mahabubnagar District, Mahabubnagar. 3. The Joint Collector, Mahabubnagar. 4. The Revenue Oivisionii Otficer,"trrtinaUuOnagar, Mahabubnagar District' 5. The Tahsildar, Bhoothpur Mandal, Mahabubnagar District. 6. T. Mogulaiah, S/o. late Balaiah, Aged about 53 years,.Occ. Agriculture, R/o' Bandimeedipally Village, Mahabubnagar Urban Mandal and District' 7. Smt. T. Laxmamha, Wo. Krishnaiah, R/o. Banddmeedipally Village' Mahabubnagar Urban [vlandal and District. ...RES'.NDENTS 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 a direction, more particularly one in the nature of writ of Mandamus, declaring the orders in Proceedings No.D110312021-Court Case, dated 04-05-2023 of the District collector, Mahabubnagar, as being arbitrary, illegal, unreasonable, without jurisdiction and contrary to the provisions of the Telangana Rlghts in Land and Pattadar Passbooks Acl, 2020, violative of principles of natural justice and violative of Articles 14,21 and 300-4 of the Constitution of'lndia and set- aside the same lA NO: 1 OF 2024: Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited In support of the petition, the High court may be pleased to suspend the orders in Proceedings No.D1/03/2021-Court Case, dated 04-05-2023 of the District Collector, Mahabubnagar, pending disposal of the writ petition lA NO: 1 OF 2025 Between:

1. T. Mogulaiah, S/o. late Balaiah, Aged about 53 years'.O.cc. Agriculture, R/o' Bandimeedipally Village, Mahabubnagar Urban Mandal and District' 2. Smt. T. Laxmamma, Wo. Krishnaiah, fuo. Bandameedipally Village, MahabubnagarUrbanMandalandDistrict ....pETrroNERS/RESpoNDENTs AND

1. T. Anjaneyulu Goud, Sio. late T. Chinnappa Goud, aged about 68 years, Occ' Busin'ess,' Rl/o. Pothulamadugu Village, Bhoothpur Mandal, Mahabubnagar District' ...RES'.NDENT/'ETIT''NER 3. The State of Telangana, rep. by its Principal secretary to Government, Revenue Department, Secretariat, Hyderabad.

4. The District Collector, Mahabubnagar District, Mahabubnagar. 5. The Joint Collector, Mahabubnagar. 6. The Revenue Divisional Officer, Mahabubnagar, Mahabubnagar District'

7. The Tahsirdar, Bhoothpur Mandar, Mahabubnagar.?lTSBb"or"rs/RESpoNDENrs 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 be to vacat* the orders dated 1 1.09.24 passed in lA No. 1 ot 2024in wp No 2s14g of 2024 and consequently dismiss the WP No. 25148 of 2024 Counsel for the Petitioners: SRI PALLE SRINTVASA REDDY Counsel for Respondent Nos. 1 to S: Gp FOR REVENUE Counsel for Respondent Nos. 6 & 7: SRI V. SEETHA RAMA ADVADHANI The Court made the following: COMMON ORDER THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION NOS. 15967 AND 25 14A OF 2024 COMMON ORDER: Since the issue involved in both the writ petitions is one and the same, they are heard together and being disposed of by way of this common order.

2. W.P.Nos.15967 arrd 25148 of 2024 are filed seeking the following reliel "....to issue a u.rnt, order or a directiort more particularly one in the naafie of Wit of Mandamus declaing the orders in Proceedings No.Dl/ 03/ 2021court Case clated O4/O5/2023 of the Distict Collector, Mahabubnagar ds being arbitrary, illegal, unreasonable, utithout juisdiction and contrary to the prouisions of the Telangana Righrs in Land. and Pottador Passbooks Act, 2O20 violatiue of principles of natural justice and uiolatiue of Articles 14, 21 and 300A of the Constitution of India and set aside the same" '"

3. Considered the submissions of the learned counsel for the respective parties and perused the record.

4. The case of the petitioners is that they are the owners and possessors of land admeasuring Ac-O -27 guntas in Sy.No.314/EEl1, Ac.O.18 guntas in Sy.No.314 lEEl2, Ac.O.18 guntas in Sy.No.31a/EE/2/ 1 and Ac.O.OS guntas in Sv.No.3l4/EEl2l2, in total admeasuring Ac.2.O1 guntas a, 2 situated at Thatikonda Village, Bhootpur Mandal, Mahabubnagar District, and as per the entries in the Khasra Pahani for the year 1954-1955, Sri Ediga Narsaiah (grandfather of the petitioners) was the pattadar of the lands in Sy-No.314 admeasuring Ac.2L.16 guntas situated at Thatikonda Village, Bhootpur Mandal, Mahabubnagar District, and subsequently, the said property was equally shared with Ac.7.05 guntas each upon the legal heirs (Narayana, Rajendrappa and Chennappa) of the grandfather of the petitioners, which has become hnal in A.S.No,29 of 1967 on the hle of the District Court, Mahabubnagar. It is further stated that after conducting a survey, the Assistant Director of Survey and Land Records, submitted a supplementary sethwar in reference No.A4l lOOl /2014, dated 27.O1.2O15 stating that there is excess land of Ac.6.03 guntas and as the grandfather was shown as pattadar, the said Ac.6.O3 guntas was mutated in the name of the.legal heirs. It is further case of the petitioners that respondent No.7 has filed an application before respondent No.S-the Tahsildar requesting to grant succession in her favour in respect of the land admeasuring Ac.6.03 guntas in Sy.No.314, and acting on the same, respondent No.S has passed the orders on 12.08.2015 in Fiie No.Bl965l2O1.5 directing // 3 respondent No.7 to file an appeal before the appropriate forum for redressal of her grievance; and aggrieved by the said order, respondent No.7, along with others, has filed an appeal under Section 5(5) of the Telangana Rights in Land and Pattadar Passbooks Act, 1971, (for short 'Act, L97l'l before respondent No.4-the Revenue Divisionai Ofhcer, and the said appeal was allowed uide order dated 23.09 .2017 in No.B/ROR/ l23l2l2Ol5 & B/ROR/ 1'424812015 setting aside the order, dated 12.O8.2O15 in proceedings No.B/965/2O15 File passed by respondent No.6 and further directed respondent No.6 to mutate the names of three (3) share holders equally survived family members in respect of land admeasuring Ac.6.03 guntas in Sy.No.314. Aggrieved by the said orders, the petitioners, along with others, have filed a revision under Section 9 of the Act, l97l before respondent No.3-the Joint Collector, and the said revision was allowed uide order dated 23.Oa.2019 in proceedings No.D1l4112017 &' Dl/3l2OLB setting aside order dated 23.09.2017, and further directed the Tahsildar, Bhoothpur to record the names of posse-ssors and occupants as per the actual possession over t1-e 'land to an extent of Ac.6.O3 guntas in Sy.No.314. 4 \

5. Sri Giridhar Rao, learned counsel appearing for the petitioners vehemently contended that suppressing the order dated 23.O8.2019 in proceedings No.D1/4ll2Ol7 e Dll3/2015 passed by respondent No.3-the Joint Collector, the respondent Nos.6 and 7 have liled W.P.No.13270 of 2O2l before. this Court seeking to implement the order dated 23.09.2017 in File No.B/ROR/ t2312/2)r5 & B/ROR/ 1424812015 passed by respondent No.4, without making the petitioners herein as necessary parties, and the said writ petition was disposed of uide order dated 16.O6.2O2 1 granting liberty to the petitibners therein (respondent Nos.6 and 7 herein) to submit an application through Dharani Portal seeking mutation of their names and consequential issuance of pattadar passbooks in their favour by enclosing the all the necessary documents, and on hling such application, the District Collector is directed to consider the said application; and in terms of the orders of this Court, respondent No.6 has made application before the respondent authorities and acting on the same, respondent No.2-the District Collector has passed proceedings No.D1/03/2t)2i-Court Case, dated O4.O5.2O23 for issuance of the passbooks in respect of land bearing Sy.Nos.314/Etr/l (Ac.O.27 guntas), 3l4lF)E/2 (Ac.O.t8 guntas), 3A/AE2/l

7. 5 (Ac.O.18 guntas) and 314/EE2l2 (Ac.O'18 guntas) in total admeasuring Ac.2.01 guntas situated at Tadikonda Village of Bhoothpur Mandal in favour of respondent \o'6' It is seen from the material placed on record that while 6. entertaining the application of respondent No'6 herein, the District Collector has not apptied his mind to the facts and circumstances of the case and the provisions of the Act, 7971' wherein the Joint Collector is the revisional authority against the orders passed by the original authority, and the ROR Act, 1971, specifically confers power on the revisional authority to entertain either suo moto application or the applications filed by the parties seeking to modify, annul or carry out the necessary corrections. Once the Joint Collector has exercised powers underSectiongoftheAct,lg7l,neithertheDistrictCollector nor the Government is having power under the provisions of the Act, l97l for annulling the entries or for carrying oul necessary corrections. This Court carefully examined the provisions of the Act, L971, wherein against which the orders of the revisional orders of the Joint Collector, the only remedy provided to the aggrieved parties is to hle writ petition before this Court, and the District Collector is not conferred with any powers under the provisions of the Act, 1971, to revise the orders passed by the I I I I 6 Joint Collector, and in the absence of the said powers, the impugned order dated O4.O5.2O23 passed by respondent No.2 directing thc ar:thorities to issue pattadar passbooks in favour of respondent No.6 is illegal and arbitrarSr and the said order is not sustainable in law.

7. In vicw of the above, these two writ petitions are allowed by setting aside the impugned order, dated 04.05.2O23 in proceedings No.Dl/03/202 1-Court Case passed by respondent No.2-the District Collector, Mahabubnagar. Respondent No.2 is directed to issue the pattadar passbooks and title deeds to the petitioners in terms oi the order, dated 12.08.2015 in proceedings No.B/965/2015 passed by respondent No.6, and order 23.08.2019 in proceedings No.Dll41 l2Ol7 &Dll3/2018 passed by rcspondent No.3 within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs Miscellzrneous Petitions, if any, pending in these writ petitions shall stand closed Sd/- A. .SREENIVAS REDDY ASSISTANT REG ISTRAR t) 6n 1 . The principal Secreta ry to Governmen t, Revenue Department, State of /iTRUE COPYII OFFICER SECTI ,g k Mahabubna Tela ngana Secreta fla Hyderabad The District Collect or Mahabubna The Jo int Collector, The Revenue Divisional Officer, Mahabubna gar, Mahabubna qar District The Tahsildar, Bhoothpur Mandal, Mahabub nagar District. One CC to Sri palle S nnivasa Reddy Advocate [OPUC Two CCs to GP For Revenue,H rg h Court for the State of Telan One CC to Sri V Seet ha Rama Adavadha ni, Advocate (oPUC) Two CD Copies sar District, Mahabubnagar gana. [OUT] To,

2. 3. 4 5, 6. 7. B. 9. c }.- MB HIGH COURT CVBR,J. DATED: 0110412025 sF rEt/l s 't ), e ts1 $\s. \' .'/3ii.i + WRIT PETITION NO: 15967 AND 25148 OF 2024 COMMON ORDER ALLOWING THE WRIT PETITTONS b al WITHOUT COSTS