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K. LAKSHMAN
Bavandla Narsimha – Appellant
Versus
State of Telangana – Respondent
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ORDER :
1. Heard Mr. Ramakrishna Reddy Malyala, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos. 1 to 4 and Mr. N. Kodandarama Rao, learned counsel for respondent No. 5.
2. This writ petition is filed by the petitioners seeking writ of certiorari to call for records from the office of respondent No. 2 in Revision Petition Case No. ST/D1/291/2021 Case No. D1/82/2014, wherein and whereby respondent No. 2-Special Tribunal allowed the petition vide impugned order dated 29.06.2021 restoring the name of respondent No. 5 over the land in Survey No. 85/A and 85/AA to an extent of Acs. 5.27 guntas, situated at Marepally Village of Thimmajipet Mandal, Nagarkurnool District and to set aside the same.
3. The case of the petitioners is as under:
The Revenue Authorities cannot adjudicate complicated questions of title and ownership, which must be resolved by a Civil Court.
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
The court emphasized the necessity of following procedural requirements and the principle of natural justice in amending entries in the Record of Rights, ruling that the respondent acted without juri....
The court ruled that orders affecting rights must not be made without providing notice and opportunity to the affected party, emphasizing the principles of natural justice.
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
A sale deed obtained through fraud is voidable but must be challenged in civil court; revenue authorities acted correctly in denying mutation based on existing claims.
In land administration, proper legal procedures must be followed for record mutations, ensuring all parties' rights are respected.
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