The High Court · 2025

Judgment

1. State

3.,

10. : i i * i a l I I;t l I - , ;. ,. . -. ;:.1i*. Mandal, Warangal Utqn Distjiitl.' Komuraiah, Aged aoiiut 36 year$;'l;*' ' Komuraiah, Aged about 33 years, Gundu Aged about 35 years, , Aged about 25 years, pleased Certiorar.i . il .,: Aged about 50 years, .r i. I i,ir, i+,, Village, Dharmasagar i; : r*'|,jr, :i ' "'' lirr! .: .i Constitution of. filed therewith,' tt.i ;-fRESPONDENTS l.: H 226 of the the affidavit , . - ,-:i!,: i':. | '.:; 'i .ti: ;.-* .i i: fi.'i or direction more particularly on9 ig records and quash the Order of the Writ of . .,r:. i: ,, j No,2- ,.i ...: ':..;' . i' r ". r.+.J}, " 'a..i:L ,i( ..;{ ,r ii .ii:..:,:r-..r\.if*i.!)di. . .ri.ui*.. i,$$;,:.i+ffiffiii,lffii, Tribunal passed in Special Tribunal case No.E3/spL.TRlBUNALt671t2o21, (RDO, Warirngal Urban Appeal File No.A/55a6;t2o17), dated 281o6t2o21, in respect of tlre land in an extent of Ac.1- 00 guntas in sy.No.7o6lBt1, Ac.1-00 guntas in Sy.No.7o6t}t2, Ac.1-00 guntas in iy,no.zo6/B;, i..1-oo guntas in Sy'No.706tBl4 and Ac.2-00 guntas ln Sy.No.7O6/B/s, total admeasuring Ac.6-00 guntas, situerted at Yelukurthy Revenue Village, Dharmasagar Mandal, Warangal Urban Distrir:t (Erstwhile Warangal District) as itlegal, arbitrary and against the principles of naturat justice and violative of Articles 14 and 3OO-A of Constitution of lndia and consequenfly allow the Revision in Special Tribunal Case No.E3/SPL.TRlBUNALt671t2O21 (RDO, War.angal Urban Appeal File No.tu5506 t201 7) as prayed lA NO: 1 OF 2022 'it Petitiorr under Section 1Sl CpC the affidavit filed in support of the direct the Respondent authorities not to respect land in an extent of Ac.1-00 guntas Sy.No.706/8/2, Ac.1-00 guntas in Sy.No.706tBl4 and Ac.2-00 guntas in Sy guntas, situated at Yelukurthy Urban Distri<;t (Erstwhile Warangal Respondent lrlos.6 to 10 not to deal with ': _._ writ petition. .): Revenue tl I tr,, .,; . :

Counsel for tlre Petitioner: SRI pApAlAH ;. i "', Counsel for tlre Respondent Nos. 1 AGP REP BY SRI K. MURALIDHAR Counsel for the Respondent Nos.6 The Court made the following: ORDER . .. f,i ii . &+.G i.. t" ll tlF tt **m : ll circumstances stated in may be pleased to revenue records in , Ac.1-00 guntas in 1-00 guntas in Ac.6-00 Warangal further direction to disposal of thb RAKESH KUMAR ' ..": '. :$ CI ORDER: THE HON'BLE SRI JT'STICE E.V.VENUGOPAL WRIT PEIITION No.1586 OF 20122 The present writ petition is filed by the petitioner for the following relief o.....to issue an order or direction more particularly on in the nature of Writ of Certiorari and call for the records and quash the order of the respondent No.2 Tribunal passed in Special Tribunal case No.E3/SPL.TRIBUN ALl67I l2O2L, (RDO, warangal, urban Appeal File No.A/55O6l2ol7l, dated 28.06.1021, in respect of the land in an extent of Ac.1.oo Gts., in Sy.No.7O6 lB/L, ai.r.oo Gts., in sy.No.7o6lBl2, Ac.1.OO Gts-, in Sy.No.ZOOlBlg, Ac.1.OO Gts-, in Sy.No.706lBl4, and Ac'2'OO Gt"., in sy.No.70619l5, total admeasuring Ac.6.OO Gts., situated at Yelukurtlry Revenue village, Dharmasagar Mandal, warangal Urban District (Erstwhile Warangal District) as illegal, arbitrary and against the principles of natural justice and violative of Articles 14 and 3Ob-A of Constitution of India and consequently allow tl.e Revision in special Tribunal case No.E/SPL./TRIBUNAL 167 | 12021 (RDO, Warangal Urban Appeal File No.A/55O612OL7) as prayed for...." 2. Heard sri Papaiah Peddakula and Sri Hingolekar Rakesh Kumar, learned Assistant Government Pleader appearing on behalf of Government Pleader for Revenue Sri K.Muralidhar Reddy' Though notice has been served on the respondent Nos.6 to lO, none appeared on their behalf

3. It is submitted by learned counsel for the petitioner that the petitioner is the absolute owner and possessor of land admeasuring Ac.6-08 guntas in Sy.No.7O6 of Yelukurthy Revenue village, Dharmasagar Mandal, Warangal Urban District (Erstwhile Warangal District), having acquired the salne through partition of ancestral I ;i ,i :j i I I I , '{ I I ,l ..t Page2of 4 properties. The said survey number was subsequently sub-divided into Sy.Nos.7O618ll to 70618/5. Upon approaching the revenue authodties in 2O17, the petitioner came to know that respondent Nos.6 to 1O had iltegatly mutated their names over an extent of Ac.6-00 guntar; in Sy.Nos .706/F,ll to 706/8/5 based on an unregistered and fabricerted sale deed dated 10.02.1984. The petitioner categorically denies execution of any such deed and alleles forgery of his signature, purpor:tedly during his absence from the village due to his emplo5rment in abnrad. Mutation was carried out without issuance of any notice to the petitioner, contrary to the provisions of Section,5(3) of the ROR Act. The pe titioner initiated criminal proceedings, resulting in registration of FIR N,r.22412O19 of Dharmasagar Police Station. Subsequently, the petitioner filed Appeal No.A/55O612017 before the Revenue Divisional Oflicer, which was later transferred to the Special Tribunal under the Telangana Rights in Land and Pattadar Passbooks Act, 2O2O, and renumbered as Case No.E3/SPL.TRIBUNAL/67L/2021. The Tribunal, without issuing notice or conducting a proper enquiry, dismissed the appeal by order dated OL.O2.2O21 and the review petition filed thereai:ter was also dismissed on 28.o6.2a2l. The learned counsel further contends that both orders are cryptic, non-speaking and passed without consideration of the contentions raised, thereby violating the principrles of natural justice and the petitioner's constitutional rights under Articles 14 and 3O0-A of the Consti'tution of India. It is further Page 3 of4 submitted that taking advantage of the impugned orders, Respondents Nos.6 to 10 are attempting to alienate the subject property, thereby necessitating appropriate protective directions from this court'

4. On tl.e other hand, tl.e learned Assistant Government pleader contended that the petitioner's case was thoroqhly examined by the Special Tribunal, after affording ample opportunity of hearing, including in the review application and that orders were passed in accordance with law. Hence, ttre indulgence of this court is not warranted.

5.Havingheardtherivalcontentionsadvancedbyboth parties and upon perusal of the material available on record, including the representation made by the petitioners and the orders referred to above, it is evident on the face of the record that the petitioner's name was deleted from the revenue records and the names of the unofficial respondents were incorporated, without issuing any notice to the petitioner or adhering to the mandatory procedure prescribed under the provisions of the Telangana Rigfrts in L,and and Pattadar Passbooks Act. The record further reveals that the alleged unregistered sale deed' which forms the basis for the mutation in favour of the unofficial respondents, is disputed by the petitioner as being forged' Despite this' no enquiry or verification was conducted by the revenue authorities to authenticate the said document. Moreover, the Special Tribunal failed I ( i. \ \ ; I I I I I I Page 4 of4 $ to conrlider the petitioner's contention that the mutation proceedings were currried out behind his back, in clear violation of the principles of natural. justice. No opportunity of hearing appears to have been given to the petitioner prior to the alteration of the revenue records. Instead, the Tribuntrl merely relegated the petitioner to seek remedy before a civil Court, 'urrithout adjudicating the issue on merits or addressing the legal inlirmities in the mutation process. Further, despite service of notice, none of the unoflicial respondents appeared to offer 4ny expla4ation or present their case. [n view of the above circumstances, this'Court is of the opinion that the petitioner ought to have been alforded an opportunity of being heard by the Tribunal before any conclusion was drawn. Accordingly, the impugned orders are set aside. under these circumstances, the matter is remanded back to the revisional authority with a clirection to dispose of the same afresh, in accorda.nce with the rules in force as on date and under the provisions of the Bhubharati Act.

6. with the above observations, this writ petition is disposed of. No ,:osts. Interlocutory applications, if any pending, shall stand closed. \ To, //TRUE COPYII SD/. B. REKHA RANI ASSISTANT REGISTRAR 6 SECTION OFFICER Telanglana, Hyderabad" 1- The Principar Secretary, Revenue Department, secretariat, saifabad, state of z' The special rribunal, warangal Urban District. Rep.by collector and District 3- The c,fiector and District Magistrate, warangar Urban District Magistrate Warangal Urban OTstriit - '--"Y" ' rvrr r"rvrr(' \'etsrr : ;

6. ;

7. ,fi i .jB, l \ The Revenue Divisional Officer, Warangal Urban, Warangal Urban District The Tahsildar, Dharmasagar Mandal, War:angal One CC to SRl. PAPAIAH PEDDAKU Two CCs to GP FOR REVENUE (TG) Iourl t.:.. . .1. LA Ardvocate District. .1 / 8 Two CD Copies ,.PVL GJP ;. 'l i i $ & -t I i l :, { i : $; j s i j : : L s + * i + E 4 - \^1,'+, r ?-Nc " rir*;i-' #,.*:' :,jl$P;,q": . , 1 i ' ^ .:i-! ''*:' t'; ,.;Y :, ;:, .r *-* .-li .+t ;li:!$'i;i. . .:rri.;iia -. ;ls#iH:'- , the State of i ,.,, .ilr ' , +; ' {' , ... "f,:, --t .. ,} ,} ,,,& I ..,* ,.* I 5 1{: + ,, :j. ,_ ..,*" + i ; *,: ',, -.,, u ,r:"...! * . .+,s r +r* .:,"."+ * . .a'1 '.?,| : t. HIGH COURT DATED:19/08/2025 \ \ t 586 ot 2022 r ''{li r, r.,.r:.;nr..;r;-r "i STA C (:. 5 ?elANzut t * -. -.,'..,::i:a. -..- ' '' -'-' - -,,-,.1 ' ' - r6rliiii :: '-'). . , D NG OF THE WRIT PETITION .,.'.i: OUT COSTS \,".';) 1':, \ \ f ( '1';. .."f i...a+ r". ::]4. ....iji 1. ...:.".'t.,, ,, f , ..' :?.1' -..arr. i.' 1-t:' j,:...j- . .i .,,, -',...- . .,,.."-.,, .. - "- . ' j'. I .. ,. .r,.r,t, .,' . "", .: ,, I ."1..:: .... ' ,. ..: : : ij.rl.:.t .:. '',.i ,,: :,,, j:. . -. - - .,': .r' :ri:atliir : !:'ii i: :. t,t;i,',+ - ti i .,',-'.i+l;jl'ri:j.:t:il tlil;'l.i+-d ...':....,. .. : .1.-:- - .. :i-r... -.'_1,.. :1" ';:.:i1;1* "t . rrto..,i.l+jii j .' ; .+' ,L., ')- -' '' , :,: : -.,?r: :rii-1E]:1,..t: .-. .,r_-, :!.: r.: i. :1rri:r,..,.1{<,?,. j- J{, :.;,; ..', r<-:;, ";1. -';;r.1,'',' ..;, :,.:j;,;ii*.