Sri. Bureddipally Yadaiah v. 1. The State of Telanqana

Petition under Article 226 ol the constitutlon of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a Writ, Qrder or Direction, more particularly one ln the nature of Writ of Certiorari, calling the records in ROR Case No Rev/D1/ROR/G en1tOO16t2021 , dt 12 07 ' 2023 on the file of the 2nd respondenU Special Tribunal and to declare the same as illegal' arbitrary' in violation of principlesofnaturaljusticeandagainsttheprovisionsoftheTelanganaRightsin Land and Pattadar Pass Books Act, 1971, also against the provisions of New Act, 2020 and against all settled principles of law and set aside the same and consequently direct thq Respondents No,2 and 3 to restore the entries in respect of the land to an extent of Ac 0- 16 gts in Sy' No 81/2 situated at I l bE ? l Yenuguda Villa,;e, [t/ahabubnagar lvlandal and District, irr favorr cf the petitioner herein in his e- passbook no. T01 '1 60040636. IA NO: 1 OF 2023 Petition under Section :151 CPC praying that in the circurnstances stated in the affidavit liled in support of the petition, the High Crourt mal/ be pleased to direct the Respondr-.nts No. 2 and 3 not to entertain arry sale l.ransactions, ol creation of any third oarty interest in respect of the land Ac. O- '1 I gts in Sy. Nq. 81/2 situated at Yenuguda Village, Mahabubnagar Manoal and [)istrict, pending disposal of the rnain \/iirit Petition. Counsel for the Petitioner: SRI AKKAM ESHWAR Counsel for the Resporldent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4:,-- The Court mad€,the follpwing; ORDER .1. : I L F i ht' i i,. t E a T :, F THE HON'BLE SRT JI'STICE C.V. BHASI{AR REDDY WRIT PETITION No.33453 of 2023 ORDER: The present writ petition is filed questioning the orders passed in ROR Case No.Rev/D1lROR/cen1lOOl6/2O21, dated

12.O7 .2023 by respondent No.2 /Special Tribunal

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

3. The District Collector, Mahabubnagar was not made party to the writ petition and therefore, learned counsel for the petitioner, at this juncture, seeks perrnission of this Court to amend the cause title arraying him as respondent No.5 to the writ petition. Permission as sought for is granted. Accordingly, the District Collector, Mahabubnagar is impleaded as respondent No.5.

4. It is stated that the petitioner was the owner and possessor of the land to an extent of Ac. 1.17 gts., in Sy.No.9l/2/2, situated at Yenugonda Village, Mahabubnagar Urban Manda1 and District and out of the said extent, land to an extent of Ac.0.06 gts., was sold to one Purender Reddy through a registered sale deed bearing document No.7386 of 2OO9 and al extent of 121O sq. yards ., Ltt l _iu (Ac.O.16 gtrs.), :o one Jogu Anjaneyulu, through a registered sale deed bearing document No.891l' of 2OI3, dated 12.O!I.2013 and agreed to ileliv,:r the physical possession of the propet-ty only on payment of the balance amount. It is further stated that though the petition er sold the above land, no physical delive.ry was given and no mlrtation was effected in favour of the vendees of the petitioner a,nd the petitioner name is reflecting in the e-pattadar passbook as wr:1.1 as revenue records. However, later, the revenue authorities, wit.rout any mutation proceedings granted i,e favour of respondent No.4 , had changed the name of the petitioner in the revenue records; with respondent No.4, without issuing any notice to the petitioner in respect of the above lands i.e., Ac.0.06 gts., and 121O sq. yrrrds (Ac.O. 16 gts.) and when enquired, the petitioner came to knou,' that respondent No.4 entered into sale deed with petitioner's ven<lees u2., Purender Reddy, through a regi stered sale deed bearing document No.6652 of 2017 and also Jogu l\njanelrrlu through a registered sale deed bearing document N<:,.13255 of 2016, dated Cr4. 10 .2016. It is further stated that mutation proceedings wer-e issued in favour of Purender Reddy urrle through Proceedings No.t)/ROR/1174/2OL4 and with regard to the same, the petitionr:r obtained information under RTI, pursuanl to which, respondent No.3 oflice issued endorsement <1ated 14.Og2O2l , t' ,,./l // 3 stating that the Iile in C/ROR / Ll7 4 / 2014 is related to mutation of ration card of Mohammad Ajijulla, therefore, the said proceedings are fabricated and created in favour of Purender Reddy to get passbook. It is further stated that respondent No.4 has obtained e- pattadar passbook frairdulently without passing/initiating any mutation proceedings and hence, the passbook issued in favour of respondent No.4 is illegal. Therefore, the petitioner frled representations on the file of respondent authorities requesting to restore the entries deleted from his passbooks by conducting a detailed enquiry and when the same were not considered, the petitioner frled W.P.No. 14889 of 2022 to conduct enquiry about the illegal changes in favour of respondent No,4 and this Court, urde order dated 21.09.2022, directed respondent No.5 therein to transmit the entire file uid.e No.C/192a/2019 to the office of respondent No.2-District Collector therein and on such tralsfer, respondent No.2 was directed to conduct enquiry into the matter and pass appropriate orders. After promulgation of new Act 9 of 202O, Special Tribunals were constituted in terms of Section 16 (1) of the Act 9 of 2O2O and the said case was transferred to the Special Tribunal, which in-turn passed the impugned order, dated

12.O7 .2023 giving liberfy to the petitioner to approach the competent Civil Court seeking redressal of his grievance. It is 4 further sta[ed that the Tribunal has passed the impuS:;ned order, without an\/ ap pearance made by respondent No.4 either: in person or through a counsel inspite of several notices, the sarne is not in accordance with 1aw. The case of the petitioner is that the entries made in f,evotLl of respondent No.4 basing ,:n the fabricated proceedingsr in tl/ROR/117412014 are illegal an<l therefore, prayed this Court r,o sr:l aside the same. The grievance cf the petitioner is that respondenl No.4, taking advantage of her name beirrg recorded in the revenue records, is trying to alienate the s;ubject llroperty to third parties, r,uhich action deprives the legitintate rig,hts of the petitioner. llenc e :, this writ petition.

5. In view ol' the above, since the grievance of the pr:titioner is that without isrsuing any notice and basing ,:n ttLe fabricated mutation proceedings vide C/ROR/ lI74l2Ol4, the errtries were made in the re,r.enue records in favour of resJrondent No.4 and taking advantage of the same, respondent No.4 isr trying to a_lienate the subject proDerty to third parties, this Court is ol' the opinion that the mrrtation proceedings uide C/RORI ll74l2014 are liable to be set aside and is accordingly set aside and the matter is remanded back to respondent No.3-Tahsildar to conrjuct fresh denouo enqlliry, after issuing notice to the petitioner zrnd all other persons whose names are recorded and entered/ affected by any of 5 the orders passed in respect of the subject land admeasuring Ac.0.16 gts., and 1210 sq. yards, within a period of three (03) months from the date of receipt of the order after conducting enquiry, respondent No.3 shall pass a reasoned order and communicate the same to the parties within a period of three (03) months from the date of receipt of a copy of this order.

6. With the aforesaid directions, this Writ Petition is disposed of. As a sequei, miscellaneous applications pending if any, shall stand closed. No costs. //TRUE COPY// SD/-N. SRI ARI DEPUTY REGIS RAR SECTION FICER \ 1 The Principal Secretary,-[evenue Department, Dr. B. R. Amedkar Bhavan, - Secratariat, The State of Telangana, Hyderabad. ? Il'e gpgci,al Tribunat, B"p Oy doilectoi, Coilectorate Office, Mahabubnasar 3. Ihe I_ahsildar, [\/ahabubnagar Urban Mandal and Mahabubnagar District] 4. One CC to Sri Akkam Eshwar, Advocate tOpUCl 5 Two CCs to GP for Revenue, High Court fbr the State of Jelangana, at 6. Two CD Copi Hyderabad [OUT] To, TJ BS ,// /,' ,: :. F It HIGH COI'RT DATED:1710312025 (- oFr pJ ORDER WP.No.33453 of 2023 i-l '' :, ,\ \\' ,l.i + \.-, , _':-- DISPOSING OF THE WRIT PETITION WITHOUT COSTS !r-s. (, .ss t [i v F I -].: t r