IMPORTANT POINT
The court reaffirmed that judicial authorities must adhere to principles of natural justice, ensuring all parties are heard before any adverse decisions are made.

ORDER :

This writ petition is filed seeking the following relief:

“…to issue a Writ, order or direction, more particularly a Writ of Certiorari, calling for all the connected records including the impugned Proceedings of the 2nd respondent passed in R.P.No.D1/4371/2014, dated 20.12.2015 as illegal, improper, unjust, arbitrary and contrary to law and violative of principles of natural justice and quash the same and pass such order or orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”

The Brief facts of the case are as follows:

2.1 Petitioners submits that they have purchased the land to an extent of Acs.1-27 guntas in Sy.No.712/A of Molangur Village, Shankarapatnam Mandal, Karimnagar District, through registered sale deed dated 29.07.2013, (herein after called as “subject property”) from Korem Mukunda Reddy by paying valid sale consideration. Originally, the said land belongs to Korem Papaiah, who is none other than the father of the petitioners’ vendor. Subsequently, the Petitioners submitted application before respondent No.4 for mutation of their names in the revenue records. At that stage, respondent No.4 informed them that respondent No.5 filed appeal before respondent No.2, questioning the order passed by respondent No.3 and the same has been allowed by an order dated 25.07.2014, and in view of the same, he is unable to mutate their names in the revenue records.

2.2. They further stated that respondent No.6 is also claiming rights over the subject property alleging that she purchased from Korem Papaiah through simple sale deed dated 10.05.1966 and she made an application before revenue authorities for seeking regularization of the said sale deed invoking the provisions of Section 5-A of A.P.Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter called “the Act” for brevity). When the said proceeding are pending, respondent No.5 had also raised claim in respect of very same subject property alleging that he had purchased from Korem Papaiah in the year 1970 and he got pattadar Pass Book and Title Deed, though Korem Papaiah, died in the year 1968.

2.3 Petitioners further stated that when the proceedings are pending before Revenue authorities, respondent No.6 filed O.S.No.176 of 2005 on the file of Junior Civil Judge, Huzurabad, Karimnagar District, against respondent No.5 & others for seeking Perpetual Injunction and the said suit was dismissed for default on 07.08.2012. In the said suit, the petitioners’ vendor is not a party, and as such the same is not binding on their vendor.

2.4. They further stated that questioning the issuance of pattadar passbook and title deed in favour of respondent No.5, respondent No.6 filed Appeal No.D/1171/2008 before respondent No.3 under Section 5(5) of the Act, and the same was allowed and cancelled the pattadar passbook issued in favour of respondent No.5, also cancelled the proceedings issued under Sec.13-B and 13-C of the Act, in favour of respondent No.6, on the ground that she has not produced the original record and further directed the respondent No.4 to record the name of original pattadar namely Korem Papapiah in patta column and his legal heirs while sanctioning virasath by its order dated 02.02.2013. Accordingly, respondent No.4 issued notice directing respondent Nos.5 and 6 to deposit the original pattadar passbook and title deeds within one (01) week before the concerned Village Revenue Officer. Pursuant to the same, respondent No.4 issued proceedings dated 06.07.2013, mutating the property in favour of Korem Mukunda Reddy, s/o. Korem Papaiah, and pattadar passbook and title deed were issued in his favour. Thereafter petitioners have purchased the subject property from him through registered sale deed.

2.5 Petitioners further stated that questioning the above said order dated 02.02.2013, respondent Nos.5 and 7 have filed Revision Petition No.D1/4941/2013 before respondent No.2 and the same was allowed on 25.07.2014 and restored the pass book and