IMPORTANT POINT
The judgment emphasizes the importance of fair consideration and adherence to principles of natural justice in mutation proceedings under the Telangana Rights in Land and Pattadar Pass book Act.

ORDER :

Heard the learned senior designate counsel, Sri Vedula Srinivas, appearing on behalf of the petitioners and learned Government Pleader appearing on behalf of the respondents and learned Senior designate Counsel Mr. B.Chandrasen Reddy appearing on behalf of unofficial respondent No.6.

2. The Writ Petition is filed to issue a Writ of Mandamus declaring to issue a Writ of Certiorari or any other appropriate Writ Order or Orders Direction or Directions to quash the order of the Special Tribunal Komaram Bheem Asifabad, District in Case No. D1/15/2021 dated 11.06.2021, and to dismiss the Appeal filed by the 6th respondent in Case No. D1/15/2021, U/s. 55 of Telangana Rights in Land and Pattadar Pass book Act 1971.

3. The case of the Petitioners, in brief, is as follows:

a) Petitioner No. 2 is the absolute owner of the land admeasuring Ac. 28.00 guntas in Sy.No. 138/137/A of Manjampalli Village, Bejjur Mandal, Komaram Bheem Asifabad District, under registered Sale Deed No. 1877 of 2010, dated 05.05.2010, and has been in the possession of the same and also got issued a pattadar passbook in his name under earlier Rules as well as under recent Rules. Petitioner No. 2 is also a beneficiary of Rythu Bandhu from the State Government and had been cultivating cotton.

b) Petitioner No. 1 is the absolute owner of Ac. 10 of land in Sy.No. 138/137/A of Manjampalli Village, Bejju Mandal, Komaram Bheem Asifabad District, under registered Sale Deed No. 395 of 2011, dated 03.02.2011, and has been in possession of the same and also got issued a pattadar passbook in his name under earlier Rules as well as under recent Rules. Petitioner no.1 is also a beneficiary of Rythu Bandhu from the State Government and had been cultivating cotton.

c) Respondent No.6 preferred an appeal against the mutation done by the Tahsildar in favour of the petitioners under ROR Act, 1971 before the Revenue Divisional Officer, Kagaz Nagar.

d) Accordingly, the cases were transferred to Special Tribunals from the RDO office under the new Act of 2020 and its Rules, and the Special Tribunal without giving notices to either of the parties disposed of the appeal by setting aside the mutation order granted to 1st and 2nd petitioner (2nd and 3rd respondents in the Appeal) and granted a mutation in favor of the 6th respondent in respect to the aforesaid lands of both the petitioners and further in W.P.No. 10452 of 2021, this Hon’ble court directed the Special Tribunal to hear both parties afresh.

e) The Special Tribunal sent notices dated 05.06.2021, fixing the date of hearing as 14.06.2021. The petitioners received the impugned order dated 11.06.2011, in the Tashildar’s office, upholding the 6th respondent’s mutation. The hearing date given according to the notice is 14.06.2021, but the order was already passed on 11.06.2011.

f) The decree obtained by the 6th respondent in the decree in O.S.No. 15 of 2010 on the file of SCJ, Asifabad, dated 18.09.2010, pertaining to the land of Ac. 38.00 guntas in Sy.No. 138/137/A at Munjampally Village, Bejjur Mandal, Kormaram Bheem Asifabad District, are with specific boundaries different from the land of the petitioners. Hence, the Writ Petition.

4. The counter affidavit filed by Respondent No. 6, in brief, is as follows:

a) Respondent No. 6 had entered into an Agreement of Sale dated 06.02.2008, to purchase the agricultural land to an extent of Ac. 38.00 guntas @ 17,000/-per acre and paid advance sale consideration of Rs. 1,50,000/- to one Mr. Mohd Nazeemuddin.

b) Thereafter, on request of the land owners, respondent No. 6 paid a further part of the sale consideration of Rs.3,76,000/- under various receipts. When the 6th respondent herein requested the land owner to execute and register the sale deed after receiving the balance sale consideration, 6th respondent came to know that the petitioners alienated the land under the registered sale deed bearing document NO. 1887 of 2010, dated 05.05.2010. The 6th respondent further, filed an O.S.No.