Muske Bapu v. 1. The State of Telangana

Petition under Article 226 of 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 in nature of Writ of Certiorari by calling for records relating to and in connection with the impugned order passed by Respondent No.2 in Proceedings NoST No. g4t2}21tcl2588t2919 dated 23lOOl2O21 and quash the same as illegal, without iurisdiction, violative of Principles of Natural Justice, violative of legal and constitutional rights guaranteed under Article 14 and 300A of Constitution of lndia and consequently direct the Respondent no. 1 and 2 to not to delete the name of the Writ Petitioner in Revenue Records in respect of Agricultural land Survey No.1 admeasuring Ac.2-13gts and in Survey No.12 admeasuring Ac.3-O2gts situated at Annaram village of Kotapally Mandal of Macherlal District- Petition under -CiicumstanddS -*AEd ih ' the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned order in Proceedings No. ST No. 34/2021lG 1258812019 in the daled 23lOGl2O21 pending disposal of the Writ Petition. Couhsel for the Petitioner : SRI BANKATLAL MANDHANI Counsel for the Respondents No.lto3 : ASST. GP FOR REVENUE Counsel for the Respondents No.4: -- The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL t WRIT PETITION No.145 of 2O22 ORDER This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following reliel "...to issue anA appropiate Writ Order or Direction more partiaiarlA in nahtre of Writ of Certiorari bA calling for reards relating to and in connection with the impugned order passed by Respondent No.2 in Proceedings No.34/ 2O21/ G/ 2588/ 20 19, 23/06/2021 and quash tle same as illegal uithout jurbdiction uiolatiue of Pinciples of Natural Justice uiolatiue of legal and constitutional rights guaranteed under Article 74 and 3OOA of Constitution of tndia and consequently direct the Respondent Nos.I and 2 to not to delete the name of the Wit Petitioner in Reuenue Records in respect of Agriatltural land Suruey No 1 admeasuring Acs.2.l3gts and in Suruey No.12 admeasuring Acs.3.O2gts sihtated at Annaram uillage of Kotapally Mandal of Maclrcrial District and pass..."

2. The brief facts of the case are that the father of the petitioner purchased land admeasuring Acs.2.l3 guntas in Sy.No.1, and Acs.3.O2 guntas in Sy.No.12, situated at Annaram Village of Kotapally Mandal of Mancherial District by virtue of a simple sale deed dated 1O.O5.1978 executed by the father of respondent No.4. Petitioner and his father are illiterate and on the demise of petitioner's father, the petitioner applied for validation of the simple sale deed standing in favour of his father before respondent No.3 uide Mee-Seva transaction Nos.ROSO21600505996 and ROSO21600506277. Notices were published in the village and as no objections were received. The validation proceedings were concluded in favour of the petitioner upon enquiry of the Revenue Officials. Thereafter, respondent No.3 called the petitioner to his office and obtained all the details in a proforma and after conducting enquiry validated the simple sale deed on 24.O8.2OL8. From the date of purchase, the father of the petitioner is recorded as possessor in the revenue records. Respondent No.4 or any other person claiming through late Lakshmibai never challenged my possession and his father's possession as owners thereof and hence the impugned order is illegal. Respondent No.4 filed an appeal on 21.05.2019 before the Revenue Divisional Officer, Mancherial and in view of Act No.9 of 2O2O the same was transferred to respondent No.2 herein for enquiry and disposal. Respondent No.2 without Page 3 of4 any basis in the pleadings allowed the appeal on conjectures and surmises and therefore it resulted in miscarriage of justice. Hence, the present writ petition' Heard learned. counsel appearing for the petitioner and 3 learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 3 and perused the record.

4. Learned counsel appearing for the petitioner would submit that the land in question has been transferred in favour of the petitioner herein and the petitioner's name has already been recorded in the pahanies of the yeal. 1992- 1993 to 1998- lggg, 2000-2001 to 2003-2004, 2006-2007, 2008- 2oogto2o|2-t3,2ol4.LsbasedupontheSadabainama executed by petitioner's father in the year lg78 and the petitioner is cultivating the land from 1978 onwards and without going into the merits of the case and without consid.ering all relevant documents, the learned Special Tribunal has passed the impugned. proceedings, which is clear violation of principles of natural justice. Hence seeks to set aside the same. \ \ 1 \ Page 4 of4

5. Learned Assistant Government pleader for Revenue, would submit that the civil court is the appropriate forum to decide the title of the rand in question. Hence, indulgence of this court is unwarranted. and seeks to dismiss the present writ petition. 6' Having regard to the submissions made by both the learned counsel and without going into the merits and demerits of the case, this court is of the opinion that the issues raised in the present writ petition can only be decided by the Civil Court. 7 ' Accordingly, this writ petition is dismissed granting liberty to the petitioner to work out the remedies as available under lavr,. There shalt be no ord.er as to costs. As a sequel, miscellaneous petitions, if any, pending, shall stand closed. / To, 1' /ITRUE COPYII SD/.G. JYOTHI REGISTRAR SECTION OFFICER I?:"|!f;:"jary' Department or Revenue, state of Secretariat, 2' The special rribunar, corectorate, District Mancheriar. 3' The Tahsildar, Kotapally Mandal, Mancherial District (old Adilabad). 4. One CC to SRt BANKATLAL MANDHAN|, Advocate. tOpUCl 5' ffir?"" to GP FOR REVENUE, High court for the state of retangana.

6. Two CD Copies BSK Po,r C. HIGH COURT DATED:2610812025 ORDER WP.No.145 of 2022 1\ k: (, o C) 16 JAN 2026 '6 )! .l A. :i;'-..?::j;t' DISMISSING THE WRIT PETITION WITHOUT COSTS @+^q stt t:-c