The main legal point established in the judgment is the importance of honoring judgments and decrees passed by the Civil Court, as mandated by Section 8 of the ROR Act, and the significance of admissions made in previous suits in establishing possession and enjoyment of the subject land.

ORDER :

1. Questioning the order dated 24.06.2021 passed in Case No. F2/481/2021 whereby the Special Tribunal has dismissed the review application filed by the petitioner seeking review of the order dated 29.01.2021 dismissing the appeal filed by the petitioner herein, the present writ petition is filed.

2. Brief facts of the case are that the subject land admeasuring Acs. 8-22 guntas in survey No. 513/A situated at Redlarepaka Village, Valigonda Mandal, Nalgonda District and various other lands belonging to the joint family of the father of the petitioner viz. Guduru Malla Reddy were subjected to enquiry under the provisions of Andhra Pradesh Land Reforms (Ceilings on Agricultural Holdings) Act, 1973 and eventually the father of the petitioner viz. Guduru Malla Reddy was declared as non-surplus holder vide proceedings No. 3841/75/BNG dated 10.02.2014. Said Malla Reddy died on 13.02.2010 leaving behind him, the petitioner herein, the mother of the petitioner Smt. G. Yashoda Devi and elder brother of Malla Reddy i.e. G. Santosh Reddy, as his legal heirs. Since then, they are in peaceful possession and enjoyment of the subject lands as pattadars and owners of the same. While so, respondent Nos. 6 and 7 herein have approached respondent No. 5 by way of an application seeking mutation in respect of the land admeasuring Acs. 8-22 guntas in Survey No. 513/A situated at Redlarepaka Village, Valigonda Mandal, Nalgonda District wherein a notice was issued to the mother of the petitioner. However, without considering the objections raised by the mother of the petitioner and without issuing notice to other legal heirs of late Sri. Malla Reddy i.e. petitioner herein and Sri. G. Santhosh Reddy, respondent No. 5 has issued 13-B Certificate vide proceedings No. B/4022/2015 dated 25.01.2016. As against the same, petitioner and his mother have filed Appeal No. D/1754/2016 before the Revenue Divisional Officer, Bhongir. Subsequently, the said appeal was transferred to the Revenue Divisional Officer, Choutuppal, on the point of jurisdiction and renumbered as Appeal No. B/473/2016. After the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short ‘the Act No. 9 of 2020’) came into force w.e.f. 29.10.2020, the appeal was transferred to the Special Tribunal constituted under the Act No. 9 of 2020. The Special Tribunal initially passed order dated 29.01.2021 in Case No. F2/481/2021 dismissing the appeal. Pursuant to the orders passed by the Division Bench of this Court in W.P. (PIL) No. 20 of 2021, petitioner has filed a Review Petition and the same was also dismissed by the Special Tribunal vide order dated 24.06.2021. Questioning the same, the present Writ Petition is filed.

3. Respondent No. 7 filed a counter affidavit mainly stating that late Sri. Guduru Malla Reddy was the original pattadar of the land in survey Nos. 513 and 514 to an extent of Acs. 18-22 guntas and Acs. 17-37 guntas totally admeasuring Acs. 36-19 guntas situated at Redlarepaka Village, Valigonda Mandal, Yadadri-Bhongiri District. Said Guduru Malla Reddy sold the said lands to the father of unofficial respondents herein through unregistered sale deed dated 18.06.1975 after receiving the entire sale consideration, being the Kartha of the joint family. Since the date of purchase, they are in possession and enjoyment of the said land. Subsequent to the purchase, the land in Survey No. 513 was orally partitioned between these unofficial respondents and their father, out of which land admeasuring Acs. 14-20 guntas was allotted to these respondents and the remaining land of Acs. 4-02 guntas covered by ceiling declaration of late Sri. Guduru Malla Reddy vide C.C. No. 3841/75/BG dated 10.02.2004, was retained by the father of these respondents towards his share. When Guduru Malla Reddy started interfering with the possession of these respondents, they filed O.S. No. 106 of 1985 before the District Munisiff, Ramannapet, seeking declaration of title and for perpetual injunctio