The judgment establishes the principle that mutation entries in revenue records do not determine land title and ownership, and disputed titles should be referred to the Civil Court for adjudication.

ORDER :

1. W.P. No. 5077 of 2006 is filed questioning the orders passed by the respondent Nos. 2 and 3 in cancelling the pattadar pass book No. P.P.B. No. 674149 issued in favour of the petitioner for the land in Survey No. 70 to the extent of Acs. 3.00 situated in Pittampalli Village, Kattangur Mandal, Nalgonda District, as illegal, arbitrary and in violation of the principles of natural justice and consequently prayed to set aside the same.

2. W.P. No. 20149 of 2009 is filed praying this Court to direct respondent Nos. 1 to 3 not to issue pattadar pass books and title deeds for the land in Survey No. 70 to the extent of Acs. 3.00, Pittampalli Village, Kattangur Mandal, Nalgonda District, to respondent No. 6 herein and consequently prayed for a direction to respondent Nos. 1 to 3 to take action in pursuance of proceedings No. G/1377/04 dated 24.06.2005 and 07.05.2005 on the file of respondent No. 2/Revenue Divisional Officer and proceedings No. B/535/01 dated 29.06.2005 on the file of respondent No. 3/Tahsildar by holding the action of respondent Nos. 1 to 3 in not issuing pattadar pass books and title deeds to the extent of Acs. 3.00 in Survey No. 70 and Ac. 0.20 guntas in Survey No. 69 of Pittampalli Village in favour of the petitioner as illegal and contrary to the proceedings dated 31.10.1993 on the file of respondent No. 1/District Collector.

3. The writ petitioner in W.P. No. 5077 of 2006 is respondent No. 5 in W.P. No. 20149 of 2009 and the writ petitioner in W.P. No. 20149 of 2009 is respondent No. 4 in W.P. No. 5077 of 2006. Both these writ petitions are relating to the land in Survey No. 70 to the extent of Acs. 3.00. W.P. No. 5077 of 2006 is filed questioning the cancellation of pattadar pass book in proceedings No. G/1377/04 dated 24.06.2005 and 07.05.2005, whereas W.P. No. 20149 of 2009 is filed seeking implementation of the proceedings in respect of the very same subject land. Both these writ petitions were heard together as common issues are involved and the same are being disposed of by this common order. For the sake of convenience, the parties are referred to as arrayed in W.P. No. 5077 of 2006.

4. The brief facts necessary for disposal of the cases are stated as under:

The petitioner claims to be the absolute owner and possessor of the land in Survey No. 70 to an extent of Acs. 3.00 and when third parties tried to interfere with her possession, she filed O.S. No. 35 of 2003 on the file of the Junior Civil Judge, Nakhrekal, against one Sri Erranmanda Chinna Ramaiah @ Rami Reddy S/o Veeraiah and Erramanda Achamma W/o Chinna Ramaiah @ Rami Reddy for the relief of injunction and said suit was decreed in her favour. She also claims to have filed E.P. No. 23 of 2005 for execution of the decree and the same is pending. It is her further case that originally the name of one Y. Narsaiah was recorded as pattadar for an extent of Acs. 29.00 of land in Survey Nos. 65, 69 and 70 of Pittampalli Village and after his death, Y. Ramachandraiah (petitioner’s father), Y. Veeraiah and Y. Somaiah (paternal uncle) succeeded to an extent of Ac. 9.29 guntas each. Further, it is her case that during the life time of her father he has given share to the petitioner and her sister at the time of marriage. Thereafter, her brother went to adoption to Y. Somaiah (younger paternal uncle), who also executed a Will Deed dated 01.01.1963 bequeathing the properties in favour of her brothers, namely Y. Ramaiah and Y. Lingaiah. The revenue authorities after conducting detailed enquiry granted pattadar passbook No. 674149 to an extent of Acs. 3.00 in favour of the petitioner and she has nothing to do with the disputes among other legal heirs, but the respondent authorities without following the due procedure prescribed under the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 and without issuing any notice, issued proceedings No. G/1377/2007 dated 29.06.2005 cancelling the pattadar passbook and the same is illegal, arbitra