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2022 Supreme(Telangana) 199

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SATISH CHANDRA SHARMA, N. TUKARAMJI, JJ.
Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy – Appellant
Versus
The State of Telangana, rep. by its Principal Secretary – Respondent
Writ Appeal No.651 of 2021
Decided on : 04-02-2022

Headnote:

Constitution of India,1950 - Article 141 and 136 - Telangana Rights in Land and Pattadar Pass Books Act, 1977 - Section 5(5) - Pattadar Pass Books Act - Section 9 - Hindu Succession Act - Section 8 - Land Acquisition Act, 1894 – Sections 18, 21, 18/30 and 27(4) – claiming a share in the property - Sought cancellation of patta granted in favour of the appellant/petitioner - Alleged false declarations filed by shareholders and sub-lessees under Section 6 of the Act - Appellant/petitioner has filed the writ petition being aggrieved by an order passed by the Special Tribunal, New Case - Appellant/petitioner further stated that the properties were partitioned between the appellant/petitioner and his brother and their names were mutated in the revenue records District - It has been further stated that the mother of the appellant/petitioner expired in the year facts further reveal that sixth respondent before this Court, , who is the real sister of the appellant/petitioner and late K.Neela Reddy filed an Appeal under Section 5(5) of Telangana Rights in Land and Pattadar Pass Books Act, 1977 - Asserting her right on the basis of pouthi issued by the Tahsildar in the year 1970-71 and claimed a share in the property and also sought cancellation of patta granted in favour of the appellant/petitioner – Held, Court observed that possession of land was not taken tenant was in occupation of the land and had acquired ownership rights before the land was declared surplus as against the landlord - It was further observed that question had been notified as surplus and the fact that the original owner of the land had been paid compensation, would be of no avail to the State if before date of actual vesting non-occupant tenant in possession of the land had acquired ownership rights. It is totally distinguishable and cannot be applied to the instant case - respondent has referred question arose with respect to entitlement of sub-tenant to apply under Section 27(4) - learned Single Judge has rightly dismissed the writ petition and it is nobody’s case that succession granted in favour of the legal heirs included the respondent No.6/Smt. Kandala Saraswathi was set aside by any Court/Tribunal and therefore, Special Tribunal was right in directing the restoration of the entries which stood in the year 1970-71 based upon the succession granted in favour of the legal heirs - Appellant/petitioner is claiming the title over the entire property, disputed question of facts cannot be looked into in a writ petition under Article 226 of the Constitution of India and the appropriate remedy is to file a civil suit - Writ appeal is dismissed

JUDGMENT :

Satish Chandra Sharma, J.

The present writ appeal is arising out of an order dated 08.11.2021, passed in W.P.No.19769 of 2021 by the learned Single Judge dismissing the writ petition filed by the appellant/petitioner.

2. The facts of the case reveal that the appellant/petitioner has filed the writ petition being aggrieved by an order passed by the Special Tribunal, Nalgonda in New Case No.F2/Spl.Tribunal/0264/2021 (Old Case No.F2/4244/2019), dated 10.07.2021 by which the order passed by the Special Tribunal in Old Case No.F2/4244/2019, dated 09.02.2021 was confirmed. The Special Tribunal by order dated 09.02.2021 has reversed the order passed by the Revenue Divisional Officer dated Nil.05.2019.

3. The facts further reveal that the appellant/petitioner came up before this Court stating that his father K. Sathi Reddy expired in the year 1970 and the appellant/petitioner, and his brother late K.Neela Reddy, who is the father of respondents 7, 9 and 10, have succeeded to the ancestral land to an extent of Acs.56.00 guntas spread over in survey Nos.143, 144, 148, 149, 150, 151, 152, 153, 154, 155, 172, 175, 176, 187, 189, 190, 191, 192, 193, 201, 460 and 417 of Nomula Village, Nakrekal Mandal, Nalgonda District. The appellant/petitioner further stated that the properties were partitioned between the appellant/petitioner and his brother late K.Neela Reddy and their names were mutated in the revenue records by the Tahsildar, Nakrekal Mandal, Nalgonda District. It has been further stated that the mother of the appellant/petitioner expired in the year 1977. The facts further reveal that the sixth respondent before this Court, Smt. Kandala Saraswathi, who is the real sister of the appellant/petitioner and late K.Neela Reddy filed an Appeal under Section 5(5) of the Telangana Rights in Land and Pattadar Pass Books Act, 1977 (for short, ‘Pattadar Pass Books Act’) asserting her right on the basis of pouthi issued by the Tahsildar in the year 1970-71 and claimed a share in the property and also sought cancellation of patta granted in favour of the appellant/petitioner. The appellant/petitioner defended the appeal and resisted the claim of the sister. The Appeal preferred before the Revenue Divisional Officer was dismissed on 09.08.2019 and the sixth respondent, Smt.Kandala Saraswathi preferred a Revision under Section 9 of the Pattadar Pass Books Act in old case No.F2/4244/2019 before the Additional Collector, Nalgonda and in the light of the G.O.Ms.No.4, Revenue (Assignment-I) Department, dated 12.01.2021, the case was transferred to the Special Tribunal and was renumbered as New case No.F2/Spl. Tribunal/0264/2021. The Special Tribunal, after going through the material on record, allowed the Revision by order dated 09.02.2021 setting aside the order of the Revenue Divisional Officer, Nalgonda, dated nil.05.2019 with a direction to the Tahsildar to restore the patta in the name of the original pattadar Komatireddy Sathi Reddy by deleting the subsequent entries. The appellant/petitioner preferred a Review before the Special Tribunal and the Special Tribunal has dismissed the Review Petition by order dated 10.07.2021.

4. The appellant/petitioner came up before this Court stating that the Appeal preferred by his sister before the Revenue Divisional Officer, Nalgonda was rightly dismissed by passing a well reasoned judgment and therefore, the Special Tribunal has erred in law and on facts in setting aside the order passed by the appellate authority. It was also contended that the Special Tribunal has passed an order contrary to the settled proposition of law by accepting the claim of his sister as the properties were partitioned way back in the year 1977, the names of the co-parceners were mutated and therefore, the settled position has been unsettled by cryptic and non-speaking order, which amounts to colourable exercise of power and therefore, the order passed by the Special Tribunal is bad in law.

5. Another ground was raised by the app

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