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2021 Supreme(Telangana) 345

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A. ABHISHEK REDDY, J.
Komatireddy Janakiram Reddy, S/o. K. Late Sathi Reddy & Ors. - Petitioners
Versus
The State of Telangana, Rep. by its Principal Secretary, Revenue Department & Ors. - Respondents
Writ Petition No. 19769 of 2021
Decided On : 08-11-2021

Advocates Appeared:
For the Petitioner: Sri. V.M. Krishna Reddy.
For the Respondent: GP For Revenue, Smt. Kandala Saraswathi.

Headnote:

Constitution of India,1950 - Article 226 - A.P. Rights in Land and Pattadar Pass Books Act, 1971 - Section 5(5) and 9 - Hindu Succession Act, 1956 - Land - Partition - Challenged - Petitioner herein, his brother, and respondent No. 6 herein are children of one late, who died in year and his wife, died in year - That respondent No. 6 herein was married in year - That after death of late, who died in year leaving behind his widow- and three children i.e., petitioner, late and respondent No. 6 herein, lands were partitioned between the two sons in year and said partition was incorporated in revenue records - seeking cancellation of Patta granted in favour of her brothers, contending that her father died intestate and as per Hindu Succession Act, 1956, Pouthi was granted in favour of his wife and children, including respondent No. 6 in year and same was carried out in Faisal Patti – Held, in view of above settled legal position, once it is admitted that succession has been granted in favour of the children of late, including respondent No. 6, revenue authorities ought to have put her on notice before mutating the subject land in favour of petitioner and his late brother - As seen from record, two sons of late have not disclosed to the revenue authorities about the fact that late had a daughter and that she is also entitled to a share in property - Said suppression amounts to fraud - It is well settled principle of law that fraud vitiates all solemn acts and any advantage that party may claim on basis of fraud has to be set aside - Writ petition fails and the same is accordingly dismissed.

ORDER :

1. This Writ Petition, under Article 226 of the Constitution of India, has been filed by the petitioner challenging the orders of the respondent No. 2 in New Case No. F2/Spl.Tribunal/0264/2021 (Old Case No. F2/4244/2019), dated 10.07.2021 confirming the orders passed by it on 09.02.2021 by reversing the orders of the respondent No. 4, dated Nil.05.2019 in Case No. B/1891/2018 as arbitrary and illegal.

2. The case of the petitioner, in brief, is that the petitioner herein, his brother, late Komatireddy Neela Reddy and the respondent No. 6 herein are the children of one late K. Sathi Reddy, who died in the year 1970 and his wife, late Smt. Venkata Narsamma died in the year 1977. That the respondent No. 6 herein was married in the year 1985. That after the death of late Sathi Reddy, who died in the year 1970 leaving behind his widow-Venkat Narsamma and three children i.e., the petitioner, late Neela Reddy and the respondent No. 6 herein, the lands were partitioned between the two sons of late Sathi Reddy in the year 1975 and the said partition was incorporated in the revenue records. The respondent No. 6, after lapse of more than 40 years, has filed an appeal under Section 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 before the Revenue Divisional Officer, Nalgonda, respondent No. 4 herein, seeking cancellation of Patta granted in favour of her brothers, contending that her father died intestate and as per the Hindu Succession Act, 1956, Pouthi was granted in favour of his wife and children, including the respondent No. 6 in the year 1970-71 and the same was carried out in the Faisal Patti. The widow of Sathi Reddy died in the year 1977. However, her two brothers i.e., the petitioner herein and late Neela Reddy, by suppressing the fact that there are other legal heirs, have partitioned the subject land between themselves and got the lands mutated in their favour without notice to the respondent No 6. Neither the respondent No. 6 nor her mother was put on notice before mutating the subject land in favour of petitioner and his late brother. Therefore, she has filed the appeal before the respondent No. 4 challenging the entries made in favour of her brothers. By order, dated Nil-05-2019, the respondent No. 4 dismissed the appeal. Aggrieved thereby, the respondent No. 6 herein, has filed a revision in Case No. F2/Spl.Tribunal/0264/2021 (Old Case No. F2/4244/2019) under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, before the Joint Collector. Subsequently, on repealing of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, by the Telangana Rights in Land and Pattadar Pass Books Act, 2020, the matter was transferred from the Joint Collector to the Special Tribunal i.e., the respondent No. 2 herein. The learned Tribunal, after going through the material and the orders of the Revenue Divisional Officer, allowed the revision by order, dated 09.02.2021 setting aside the orders of the Revenue Divisional Officer, date Nil-05-2019 with a direction to the Tahsildar to restore the Patta on the name of the original pattadar, Komatireddy Sathi Reddy by deleting the subsequent entries. Seeking review of the orders, dated 09.02.2021, the petitioner herein and others have filed a review petition before the learned Tribunal. However, by order, dated 10.07.2021, the learned Tribunal has dismissed the review petition upholding its earlier orders, dated 09.02.2021. Hence, the present writ petition.

3. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue and the party-in-person, the respondent No. 6 herein. Perused the material available on record.

4. Admittedly, the respondent No. 6 is the daughter of late Sathi Reddy and the subject land stood in the name of Sathi Reddy, who died in 1970, leaving behind his wife, the petitioner, late Neela Reddy and the respondent No. 6 herein as his legal heirs. Succession was granted in favour of wife and children of la

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