IMPORTANT POINT
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.

ORDER :

(J. Sreenivas Rao, J.)

1. This writ petition is filed for seeking following relief:

"...to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the order in Case No.C/2943/2015, dated 11.08.2017, passed by respondent No.4 at the behest of respondent No.3 pursuant to his letter No.A/2943/2017, dt.03.08.2017 as to mutation of name of the respondent No.5 as pattedar and possessor in land of the respondent in Survey No.407, extent Acs.4.24 guntas, situated at Village Kankurti, Revenue Mandal Damargidda, District Mahabubnagar, illegal, arbitrary, unconstitutional and violative of the principles natural justice and the same be set aside in the interest of justice and further orders in the circumstances of the case may be passed ..."

2. Heard Sri C.Ramachandra Raju, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing on behalf of respondent No.1 to 4 and Sri Mirza Nisar Ahmed Baig for respondent No.5.

3. Learned counsel for the petitioner submits that the petitioner is the owner and possessor of the land to an extent of Acs.4.24 guntas in Survey No.407 situated at Kankurti Village, Damargidda Mandal, Mahboobnagar District and his name was mutated in the Revenue Records and pattadar pass books and title deeds were issued in his favour. He further submit that originally Marepaly Hanmappa was protected tenant and his legal heirs surrendered protected tenancy rights and delivered possession of the subject property to the petitioner on 28.07.1995. Questioning the revenue entries made in favour of the petitioner, respondent No.5, who is non- other than his elder brother, filed ROR Appeal vide case No.A/490/2006, before respondent No.3.

3.1. He further submits that respondent No.5 also filed a suit O.S.No.41 of 2006 on the file of Junior Civil Judge, Kodangal, seeking to declare him as absolute owner of the subject land and recovery of possession and also recording his name as pattadar in ROR records by deleting the name of the petitioner herein. The said suit was decreed in part by its judgment and decree dated 14.07.2017, to the extent of declaration and recovery of possession, in so far as the other relief is concerned, the suit was dismissed. Aggrieved by the same, petitioner filed appeal A.S.No.7 of 2017 on the file of Senior Civil Judge, Narayanpet, along with the said appeal he filed application, I.A.No.237 of 2017 to grant stay of execution of the decree dated 14.07.2017 passed by the Trial Court and the said application was dismissed by its order dated 30.08.2017. Questioning the same, petitioner filed C.R.P.No.4462 of 2017 and this Court initially granted stay on 01.09.2017 till 15.09.2017 and thereafter the same was allowed by its order dated 09.11.2017. Subsequently, lower appellate Court allowed the appeal A.S.No.7 of 2017 by its judgment and Decree dated 15.07.2021. Aggrieved by the same, respondent No.5 filed Second Appeal No.7 of 2022 before this Court wherein this Court was pleased to order Notice Before Admission and both the parties are directed to maintain Status-Quo.

3.2. While things stood thus, respondent No.3 issued directions to respondent No.4 through letter dated 03.08.2017 to implement judgment and decree passed by the Junior Civil Judge, Kodangal in O.S.No.41 of 2006, dated 14.07.2017 to carryout the corrections in revenue records. Basing on the said instructions, respondent No.4 issued the impugned proceedings No.C/2943/2015, dated 11.08.2017 for mutation of name of respondent No.5 in the revenue records in respect of subject property in place of the petitioner, even without issuing any notice and opportunity to the petitioner.

3.3. Learned counsel for the petitioner vehemently contended that respondent No.3 is not having any authority or jurisdiction to issue any direction for implementation of the judgment and decree passed by Junior Civil Judge, dated 14.07.2017, even without issuing any notice and opportunit