IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
B. Thrilokender Reddy - Petitioner
Versus
The State of Telangana, Rep. by its Principal Secretary & Ors. - Respondents
W.P. No. 40550 of 2016
Decided On : 22-07-2022
Telangana Rights in Land and Pattadar Pass Books Act, 2020 - Section 16 - Telangana Rights in Land and Pattadar Pass Books Act, 1971 – Land - Sale deed - Pattedar passbooks – Held, Admittedly, as borne on record documents relied upon by petitioners in support of petitioner’s case that is pattadar passbooks, title deeds and pahaninakals from year filed by petitioner herein as material documents in support of present writ petition it appears were not looked into nor considered or even referred to by 2nd respondent in order impugned of 2nd respondent, since admittedly as borne on record neither petitioner nor his GPA represented before 2nd respondent in hearing - Court deem it fit and proper, that, only on ground of providing reasonable opportunity to petitioner to ensure passing of a detailed reasoned order on merits, to remit matter to Special Revenue Tribunal, District constituted under Section 16 of Telangana Rights in Land and Pattadar Pass Books Act, 2020 and same is remitted to concerned Special Revenue Tribunal - Writ petition is allowed
ORDER :
1. Heard Sri M. Srinivasa Rao, learned counsel for the petitioner, learned Government Pleader for Revenue and Sri Naraparaju Avaneesh, learned counsel for the 4th respondent.
2. This writ petition is filed to issue a writ order or direction especially one in the nature of writ of Certiorari calling for the records pertaining to RC No.E5/2356/2014, dated 23.09.2016 of the 2nd respondent as illegal and therefore liable to be set aside and declare that petitioner is the owner, pattedar and possessor of the land to an extent of Ac.4.20 gts in Survey No.167/A, Chityal Village and Mandal, Jayashanker Bhupalpally District and the pattedar passbooks and title deeds issued in favour of the petitioner by Tahsildar, Chityal are legal and valid.
3. The brief facts of the petitioner are as follows :
The Petitioner in this Writ Petition is represented by his General Power of Attorney. The petitioner is the owner of land to an extent of Ac.4.20 Gts. situated in Survey No.167/A of Chital Village and Mandal. The daughters of the petitioner initially purchased an extent of Ac.2.10 Gts. in Survey No.167 by sada sale deed dated 15.02.2002 from the 4th Respondent for valuable consideration. Subsequently, the daughters of the petitioner have executed a simple sale deed in favour of the petitioner on 14-03-2004 for a valuable consideration. In the year 2012, the said simple deeds were impounded before the District Revenue Officer, Warangal (DRO) and the petitioner is in peaceful possession and enjoyment of the said property since the date of his purchase. After the petitioner purchased the property and after the documents are impounded by the RDO, the petitioner filed an application to the revenue officials for mutation of his name in the revenue records. Upon verification and enquiry into the matter, the Revenue officials entered the name of the petitioner in the records including Form 1-B register as owner, possessor and Pattadar of the subject property. The petitioner also obtained the pattadar passbook and title deeds from the 3rd Respondent vide Patta No.6 & Book No.101686. Subsequently, the Government verified the pattadar passbooks of the petitioner and conducted enquiry about the genuinity of the said passbooks and allotted the unique No.2105420270164 to the petitioner. The Respondent along with his father and brothers are having their property abutting to the petitioner’s property. Subsequent to the selling of property to an extent of Ac. 4.20 Gts, in Survey No.167 (hereinafter referred to as “subject property”). Subsequently, the respondents have given sub division No. as 167/1 and are trying to interfere with the peaceful possession of the petitioner’s land, taking advantage of the absence of the petitioner, since he is residing out of country. The GPA holder of the petitioner and the persons belonging to the petitioner, with great difficulty resisted the illegal interference of the 4th Respondent and his henchmen. The petitioner also approached the Principal Senior Civil Judge, Warangal by filing O.S.No.834 of 2014 for an injunction suit against the 4th Respondent restraining the 4th respondent from interfering with the peaceful possession and enjoyment of the petitioner’s property. Subsequently, the interim orders were passed restraining the 4th Respondent and their henchmen from interfering with the petitioner’s property. However, the said suit is pending for consideration before the said court. Later on, the 4th respondent with an ill-motive and to defraud the petitioner, made false claim in respect of the petitioner’s property, and approached the 3rd respondent, Chityal by filing a petition for cancellation of Pattadar pass books and title deeds issued in favour of the petitioner. The 3rd respondent dismissed the petition. Aggrieved by the orders of 3rd Respondent, the 4th respondent filed Appeal No. F/1751/2011 before the Revenue Divisional Officer, Mulugu contending that he is the absolute owner of the subject schedule property
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....
The main legal point established in the judgment is the requirement to adhere to principles of natural justice and the prescribed method and procedure when exercising statutory powers.
The court reaffirmed that judicial authorities must adhere to principles of natural justice, ensuring all parties are heard before any adverse decisions are made.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.