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2021 Supreme(Telangana) 213

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A. ABHISHEK REDDY, J.
Gujjula Padma and Others – Appellants
Versus
State of Telangana and Others – Respondents
Writ Petition No. 5821 of 2018
Decided On : 17-03-2021

Headnote:

Constitution of India, 1950 - Articles 14, 21 and 300-A - A.P. Rights in Land and Pattadar Pass Books Act, 1971 – Sections 5-A , 8(2) and 9 - Sale-deed – Possession - Pattadar Pass Book and Title Deed - Petitioners, they are absolute owners and possessors of subject lands having purchased same from their vendor through sale-deed - Since the date of purchase, they are in possession and enjoyment of subject land - That petitioner No. 1 alienated an extent of Ac. 0.28 guntas in Sy. No. 733/B and Ac. 0.26 guntas in Sy. in favour of petitioner through registered sale-deed, vide document - Held, Under provisions of the Act, if a person is aggrieved of an entry in the revenue records, in respect of land in which he is claiming right, title and interest, the remedy available for him is either to file an appeal under Section 5-B or a revision under Section 9 of Act, besides that, he can approach civil Court and file a suit for declaration of title and for correction of entries - It is not only settled principle of law, but Section 8(2) of Act also emphasises that entries in revenue records are always subject to any adjudication by a civil Court - Moreover, this Court, in number of occasions, held that quasi-judicial authority should not intervene in matters where the parties, with respect to title dispute, have approached the civil court. The revenue authorities should refrain from passing orders and wait result of suit pending between the parties - Writ petition is allowed.

ORDER :

1. This writ petition is filed with the following prayer:

    “......calling for the entire record connected to Order in File No. D1/4936/2016, dated 31.01.2018 passed by the respondent No. 2, examine the same and set it aside after declaring the same as illegal, irregular, irrational, without jurisdiction, violative of provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and rules framed thereunder and offends Articles 14, 21 and 300-A of the Constitution of India and consequently, restore the order, dated 19.11.2016 in Appeal Case No. D/19395/2015 passed by the respondent No. 3 and also order, dated 23.02.2015 in No. B/2730/2014 passed by the respondent No. 4, by continuing entire record of rights including Pattadar Pass Book and Title Deed in favour of the petitioners for an extent of lands admeasuring Ac. 3.00 guntas covered by Sy. No. 760 and Ac. 1.00 guntas covered by Sy. No. 733/B, situated in Nusthulapur Village, Thimmapur Mandal, Karimnagar District....”

2. According to the petitioners, they are absolute owners and possessors of the subject lands having purchased the same from their vendor, namely Allenki Bhadraiah through sale-deed, dated 02.02.1990. Since the date of purchase, they are in possession and enjoyment of the subject land. That the petitioner No. 1 alienated an extent of Ac. 0.28 guntas in Sy. No. 733/B and Ac. 0.26 guntas in Sy. No. 758 in favour of petitioner No. 2 through registered sale-deed, dated 27.11.2002, vide document No. 7312/2002. In turn, the petitioner No. 2 executed registered Agreement of Sale-cum-General Power of Attorney with possession, dated 08.07.2004, vide document No. 7081/2004 in favour of one Narahari Jagga Reddy, a resident of Jyothinagar, Karimnagar. Subsequently, the said lands were alienated to petitioner No. 3 by way of registered sale-deed, dated 31.12.2004, vide document No. 13497/2004. while so, the respondent No. 5 filed an application, dated 26.11.2014 before the Tahsildar, Thimmapur Mandal, Karimnagar District, respondent No. 4 herein, for correction of Record of Rights on the ground that she had purchased the subject lands prior to her marriage from vendor, namely Allenki Bhadraiah through registered sale-deed, dated 19.07.1990, vide document No. 1860/1990 and her name is mutated in revenue records during the year 1991-1992. Considering the rival claim over the subject property by the petitioners and the respondent No. 5, the respondent No. 4, after hearing the parties, passed orders on 23.02.2015 directing both the parties to settle their title dispute before the competent civil court. Subsequently, the respondent No. 5 has filed a suit for declaration of title and recovery of possession of the subject land against the petitioners and two others in O.S. No. 37 of 2015 on the file of District Judge at Karimnagar and the same is pending for adjudication. However, being aggrieved by the proceedings of the respondent No. 4, dated 23.02.2015, the respondent No. 5 carried the matter in appeal under Section 5-A of the Act before the Revenue Divisional Officer, Karimnagar Division, the respondent No. 3 herein. Even the respondent No. 3, by order dated 19.11.2016, advised the parties to settle the dispute before the civil Court and also directed the respondent No. 4 to maintain status quo and not to effect any changes in the entries in the pahanies in respect of the subject land. Aggrieved thereby, the respondent No. 5 filed a revision under Section 9 of the Act before the Joint Collector, Karimnagar. However, the respondent No. 2, by order dated 31.01.2018 allowed the revision petition setting aside the order of the Revenue Divisional Officer, Karimnagar, respondent No. 3, dated 19.11.2016. Hence, the present writ petition by the petitioners. Heard the learned counsel for the petitioners, the learned Government Pleader for official respondents and the learned counsel for the respondent No. 5. Perused the material available on record.

3. The relevant p

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