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2022 Supreme(Telangana) 784

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MUMMINENI SUDHEER KUMAR, J.
Challagondla Sharada Devi W/o Narasimha Rao – Petitioner
Versus
The State of Telangana and Others – Respondents
Writ Petition No. 37653 of 2017, Writ Petition No. 24919 of 2021
Decided On : 19-12-2022

Advocates:
Advocate Appeared:
For the Petitioners: V. Murali Manohar, S. Nagesh Reddy.
For the Respondent: M.V. Hanumantha Rao.

Headnote:

Urban Land (Ceiling and Regulation) Act, 1976 - Telangana Rights in Land and Pattadar Pass Books Act, 1971 - Section 5 - Land - Sale deeds - Legal-heir - Possession – Held, Court is of considered view that impugned order is wholly unsustainable and same is liable to be set aside - Objection on ground of delay which is purely technical shall not come in way of administration of justice and fair play - In view of fact that so called regularization proceedings were issued in favour of respondent Nos.5 to 11 behind back of mother of petitioner, who is admittedly owner of subject property and copies of so called regularization proceedings are not communicated to mother of petitioner, question of delay in filing appeal does not arise - It is further made clear that Court has not dealt with aspect of possession over subject property in any manner and this order shall not be construed as an order having an effect on physical possession of subject property - Writ Petitions are disposed of.

ORDER :

1. The subject matter of these two (02) Writ Petitions is one and the same and between the same parties and hence, both the Writ Petitions are disposed of by this Common Order.

2. The petitioner in both the Writ Petitions is one Challagondla Sharada Devi, who is the daughter of Smt. Takkellapati Usha Rani, daughter of Late Vipparla Mangaiah. It is the case of the petitioner that her grandfather, namely Vipparla Mangaiah, was the original owner and pattadar of land admeasuring Acs. 12.00 gts. situated in Sy. Nos. 335, 365, 276 and 277 of Raghunadhapalem Village, Khammam Urban Mandal, Khammam District, and he executed a registered gift settlement deed, dated 07-04-1971 in favour of the mother of the petitioner namely smt. Takkellapati Usha Rani, vide Doc. No. 945 of 1971 in respect of the said extent of land. It is also the case of the petitioner that the said land, which was gifted in favour of the petitioner’s mother, was included in the holding of Sri Vipparla Mangaiah under the proceedings initiated under the Urban Land (Ceiling and Regulation) Act, 1976 and the said extent of land was finally deleted from the holding of the said Sri Vipparla Mangaiah, as the same was gifted in favour of the mother of the petitioner herein. The same is also stated to be confirmed by this Court, in a Civil Revision Petition. While the mother of the petitioner was staying away from the village where the subject lands are situated, the grandfather of the petitioner who is said to be passed away in the year 2000, used to look after the said lands. After the demise of Sri Vipparla Mangaiah, the mother of the petitioner stated to have approached respondent No. 4 herein requesting for mutation of her name in ROR and for issuing Pattadar Pass Books, but the same was not considered and finally it came to the notice of the mother of the petitioner that the names of respondent Nos.5 to 11 herein have been mutated in the Revenue records and Pattadar Pass Book and title deeds were issued in their names in respect of the subject land. Having noticed the same, the mother of the petitioner herein filed appeal under sub section (5) of Section 5 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act 1971’) before respondent No. 3 herein and the said Appeal No. A3/4723/2012 was allowed by respondent No. 3 herein, by an order, dated 01.02.2013, cancelling the Pattadar Pass Books issued in the name of respondent Nos. 5 to 11 and remanding the matter back for fresh consideration to respondent No. 4 herein. During pendency of the appeal before respondent No. 3, the mother of the petitioner, who was the appellant in the said appeal, passed away and the petitioner herein, who is the sole legal-heir of Smt. Takkellapati Usha Rani, came on record as appellant in the said appeal.

3. Aggrieved by the said order, dated 01.02.2013, respondent Nos.5 to 11 herein filed Revision Petition under Section 9 of the Act, 1971 before respondent No. 2 herein and the said Revision Petition was allowed by respondent No. 2 by an order, dated 07.04.2017, in Revision Petition No. 07 of 2013 by setting aside the order dated 01.02.2013 passed by respondent No. 3 herein. Aggrieved by the said order dated 07.04.2017 passed by respondent No. 2 herein, the petitioner filed Writ Petition No. 37653 of 2017.

4. This Court, while admitting Writ Petition No. 37653 of 2017, passed an interim order in W.P.M.P. No. 46763 of 2017, dated 30.11.2017. The said interim order is extracted hereunder:

    “Admittedly, there is no record available in the office of the 4th respondent about regularization of the sada sale deeds set up by respondent Nos. 5 to 11 for obtaining 13-B certificates. This is the finding recorded by 3rd respondent in his order dt.01.02.2013 in ROR Appeal No. A3/4723/2012.

However, in the revision filed by respondent Nos.5 to 11 before the 2nd respondent, without adverting to this aspect, the 2nd respondent comes to a startling conclusion that there is an abn

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