IMPORTANT POINT
The court upheld the principle of natural justice, ruling that revenue entries made without notice to affected parties are invalid.

ORDER:

This Writ Petition is filed seeking the following relief:-

“to issue Writ or Direction preferably Writ of Mandamus declaring the Order issued by the 2nd respondent in Rc.No.E3/2806/15 dated 20.01.2016 as illegal, arbitrary, without authority apart from violative of principles of natural justice and consequently set aside the order.”

2. Heard Mr.Kowturu Pavan Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.1 to 3 and Sri G.Ravi Chandra Sekhar, learned counsel appearing on behalf of respondent Nos.4 and 6.

3. Learned counsel for the petitioner submits that petitioner is the owner and possessor of the agricultural land to an extent of Ac.2.20 gts in Sy.No.274/2, situated at Pedda Mandava Village, Mudigonda Mandal, Karimnagar District and the same was acquired through agreement of sale dated 27.09.2010, executed by respondent No.5, by receiving valuable sale consideration and since then he has been in possession and enjoyment of the said property. He further submits that the Village Revenue Officer after following procedure incorporated the name of the petitioner in possession column i.e., Column No.13 (Pahani of the year 1422F (2012-2013). He also submits that the revenue authorities on inspection, recorded the name of the petitioner in possession column to an extent of Ac.2.05 gts and remaining extent of land admeasuring Ac.0.15 gts in the name of Thotakuri Hanumanta Rao and latest pahani dated 31.01.2016 clearly shows the possession of the petitioner in respect of the subject property.

3.1. While things stood thus, respondent No.5 filed a suit vide O.S.No.102 of 2015 on the file of the learned Senior Civil Judge, Khammam, against the petitioner and Mr.Thotakuri Hanumantha Rao, seeking declaration of title, perpetual injunction and also sought decree against defendant Nos.3 and 4 therein, they are Village Revenue Officer, Peddamandava Village and Tahsildar, Mudigonda Mandal for correction of entries in the revenue records by deleting the name of petitioner as well as Mr.Thotakuri Hanumantha Rao and incorporate his name in the revenue records. When the said suit is pending in respect of very same subject property including an extent of Ac.0.15 gts in Sy.No.274/2 respondent Nos.4 and 5 have approached respondent No.2 and submitted representation on 26.10.2015 alleging that they are pattedars and enjoyers of the land to an extent of Ac.2.20 gts in Sy.No.274/2 and the Village Revenue Officer without issuing notice entered the name of the petitioner in the revenue records and requested respondent No.2 to take appropriate steps by duly conducting enquiry.

3.2. Learned counsel for the petitioner vehemently contended that respondent No.2 treated the said representation as an appeal under Section 5(B) of Andhra Pradesh (Telangana) Rights in Land and Pattedar Passbooks Act, 1971 (herein after called as “Act” for brevity), though he is not having authority and jurisdiction to treat the said representation as statutory appeal. He further contended that respondent No.2 without properly considering the contentions of the petitioner passed the impugned order dated 20.01.2016, directing respondent No.3 to restore the name of the original pattedars and enjoyers in respect of occupant’s column of the Village pahanies. Learned counsel further contended that respondent No.2 is not having authority and jurisdiction to decide the title between the parties while adjudicating the proceedings under the Act and the impugned order dated 20.01.2016 is contrary to the provisions of the Act as well as law. In support of his contentions, he relied upon the judgment of the Division Bench of this Court in W.A.No.142 of 2009, dated 13.10.2023.

4. Per contra, learned counsel appearing for unofficial respondents submits that respondent No.5 is the absolute owner and possessor of the subject property and basing on the alleged agreement of sale dated 27.09.2010, Village Revenue Office