IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
SANJAY KUMAR, J.
Panakanti Muthyam Rao @ Venkata Muthyam Rao - Appellant
Versus
State of Telangana, represented by its Principal Secretary, Revenue Department, Hyderabad & Others - Respondents
Writ Petition Nos. 4279, 4292, 4301 of 2019 & I.A. No. 2 of 2019
Decided on : 02-04-2019
Constitution of India, Art. 226 - Telangana Rights in Land and Pattadar Pass Books Act, 1971 - Mutation of name in revenue records by Collector - Decree of Court declaring rights and title of Petitioner - Seeking implementation of Decree - Jurisdiction of Collector - Challenged - Held, Judgment and decree essentially voiced declarations and did not need execution or acting upon - Question of petitioner being estopped from claiming rights thereunder merely because time has passed would not arise - Entries made in revenue records and person is aggrieved by any particular entry therein, remedy provided is by way of an appeal under Section 5(5) before Revenue Divisional Officer concerned - Even if the Collector wanted to exercise revisionary power, no question of procedure contemplated under Act of 1971 being brushed aside by him so as to clandestinely substitute petitioner's name with others - Collector went to extent of sitting in appeal over Court decree and drew conclusions which were wholly opposed to settled legal principles - Direction to revenue authorities to give complete effect to decree - Writ Petitions allowed. Para 30, 31
1. The petitioner in these three cases is Panakanti Muthyam Rao @ Venkata Muthyam Rao. His brother, Panakanti Radha Kishan Rao, is arrayed as respondent 5 in all the writ petitions. Panakanti Nagarjuna Rao, the son of Panakanti Radha Kishan Rao, is impleaded as respondent 6 in W.P.No.4279 of 2019 while Panakanti Anupama, his other son’s wife, is shown as respondent 6 in W.P.No.4292 of 2019. Panakanti Radha, the wife of Panakanti Radha Kishan Rao, figures as respondent 6 in W.P.No.4301 of 2019.
2. By way of W.P.No.4279 of 2019, the petitioner challenged the proceedings dated 15.06.2018 of the Collector, Jayashankar-Bhupalpally District, and sought a consequential direction to the revenue authorities to implement the earlier proceedings dated 21.07.1995 of the Collector, Karimnagar District, and the decree dated 31.01.1992 passed in O.S.No.23 of 1988 by the learned Subordinate Judge, Peddapalli. This case pertains to agricultural land admeasuring Ac.6.20 guntas in Sy.No.110 and Ac.11.05 guntas in Sy.No.101 of Nasturpally Village, Kataram Mandal, presently in Jayashankar-Bhupalpally District.
3. In W.P.No.4292 of 2019, his prayer was to set aside the proceedings dated 18.06.2018 of the Collector, Jayashankar-Bhupalpally District, and to implement the proceedings dated 21.07.1995 and the decree dated 31.01.1992 in O.S.No.23 of 1988. This case pertains to agricultural land admeasuring Ac.1.26 guntas in Sy.No.12 and Ac.3.10 guntas in Sy.No.7 of Nasturpally Village.
4. In W.P.No.4301 of 2019, his prayer was to set aside the proceedings dated 22.06.2018 of the Collector, Jayashankar-Bhupalpally District, and to implement the very same proceedings dated 21.07.1995 and the decree dated 31.01.1992 in O.S.No.23 of 1988. The subject matter in this writ petition is the agricultural land admeasuring Ac.2.00 guntas in Sy.No.39 of Nasturpally Village.
5. In the affidavit filed in support of W.P.No.4279 of 2019, the petitioner stated that he was the owner and possessor of agricultural land admeasuring Ac.6.20 guntas in Sy.No.110 and Ac.11.05 guntas in Sy.No.101 of Nasturpally Village. According to him, these and other lands were the ancestral properties of his father, Panakanti Narayan Rao. His father effected a partition amongst himself and his progeny during his lifetime. Thereupon, an extent of Acs.28.38 guntas situated in various survey numbers of Nasturpally Village fell to the petitioner’s share, including the above extents in Sy.Nos.101 and 110. In terms of this partition, the petitioner filed a declaration under Section 8 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, which was duly approved in C.C.No.M/245/1975, vide order dated 27.05.1976. According to the petitioner, his father and his brother, respondent 5, along with his son, respondent 6, created false documents in relation to the properties that fell to the petitioner’s share in the partition, constraining him to file O.S.No.23 of 1988 before the learned Subordinate Judge, Peddapalli. Therein, he prayed for declaration of his title in relation to the suit schedule lands and a further declaration that the registered documents bearing Nos.629, 636 and 700 of 1987 were null, void and not binding on him. He also sought a consequential perpetual injunction restraining the defendants in the suit from interfering with his possession over the suit properties. This suit was decreed by the trial Court on 31.01.1992 and the same attained finality. The Collector, Karimnagar District, acting upon the request of the petitioner, issued proceedings dated 21.07.1995 directing the Tahsildar, Kataram Mandal, to give effect to the aforestated decree in the revenue records. Pursuant thereto, the petitioner’s name was entered in the revenue records and a pattadar pass book was also issued to him in relation to the lands covered by the decree, but his name was n
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