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2025 Supreme(Telangana) 454

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.BHASKAR REDDY, J.
Mohemmed Layeeq - Appellant
Vs.
The State of Telangana - Respondent
Writ Petition No.13720 of 2025
Decided on : 30-04-2025

Advocates:
Advocate Appeared:
For the Appellant : NIKADI VENKATESH
For the Respondent: GP FOR REVENUE

Revenue authorities are obligated to notify all affected parties during mutation proceedings, adhering to principles of natural justice and not implementing civil court judgments without proper procedure.

Headnote:(A) Constitution of India - Articles 14, 21, and 300-A - Laid down principles of natural justice and procedure for mutation of land records - Court emphasized the right to notice for all affected parties in mutation proceedings, citing case law for adherence to established legal principles. (Paras 1, 3, 5, 6)

(B) Procedural Law - Execution of Judicial Orders - The revenue authorities lack power to act upon civil court decrees; affected parties must be notified and allowed to respond. (Paras 4, 5)

Facts of the case:
The petitioner, claiming to be the pattadar and possessor of agricultural land, challenged the mutation of land records favoring other parties based on a decree in a suit he was not a part of. (Paras 2, 4)

Findings of Court:
The court permitted the petitioner to file a complaint to address grievances regarding mutation proceedings and mandates adherence to the procedures under the relevant land act. (Paras 6)

Issues: Whether the revenue authorities can implement a civil court decree without notice to affected parties, and the necessity of following the natural justice principles in mutation proceedings. (Paras 4, 5)

Ratio Decidendi: The court affirmed that all affected parties in mutation matters are entitled to notice, and failure to do so violates natural justice principles. This enforcement of procedural law is essential for fair justice. (Paras 3, 5)

Result: Writ Petition disposed of.

Table of Content
1. petitioner's ownership of subject land acknowledged. (Para 2)
2. court allows petitioner to file grievance application. (Para 3 , 6)
3. authority of revenue authorities questioned. (Para 4)
4. requirement of notice per natural justice principles. (Para 5)
5. petition disposed without costs. (Para 7)

ORDER :

C.V.BHASKAR REDDY, J.

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 1 to 5 herein more particularly the 5th respondent in not considering the representation dated 18.04.2025 made by the petitioner herein from stopping the mutation proceedings initiated by 6th to 8th respondents in respect of Sy.No.433/AA2 admeasuring Ac.0.14 gts., Sy.No.433/AA1 admeasuring Ac.014 gts., Sy.No.433/AA admeasuring Ac.0.12 gts., Sy.No.433/A admeasuring Ac. 1.00.gts., total an extent of Ac.2.00 gts., situated at Mamidipally Village, Sanga Reddy Mandal and District, Telangana, Pattadar and Title passbook vide No. T09080051209 and Khata No.20396 as illegal, arbitrator and violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondent Nos. 1 to 5 more particularly 5th respondent to considered the representation dt.18.04.2025 and to stop the mutation proceedings in favour of 6th to 8th respondents based on Judgment and Decree vide O.S.No.21 of 2014 passed by the Hon’ble Prl.Senior Civil Judge, Sanga Reddy District at Sanga Reddy Judgment and Decree dt.21.10.2024 as the petitioner is not a party to the said suit which is not binding on the petitioner herein and pass such other order or orders as Hon’ble Court deem fit and proper in the circumstances of the case.”

2. It is stated that the petitioner is pattadar and possessor of the agricultural land admeasuring Acs. 0.14 guntas in Survey No.433/AA2, Acs. 0.14 guntas in Survey No.433/AA1, Acs. 0.12 guntas in Survey No.433/AA and Acs. 1.00 guntas in Survey No.433/A, total admeasuring Acs. 2.00 guntas, situated at Mamidipally Village, Sanga Reddy Mandal and District (for short, ‘the subject land’), having purchased the same from one Mohammed Abdul Muqthadeer through registered Sale Deed bearing Document No.53253 of 2019 dated 11.07.2019 and the petitioner’s name was mutated in the revenue records and pattadar passbook and title deeds were also issued in favour of the petitioner vide Passbook No.T09080051209 and Khata No.20396. It is further stated that respondent Nos.6 to 8 filed a suit vide O.S.No.21 of 2014 on the file of Principal Senior Civil Judge, Sanga Reddy District, against one Jamalpur Chandra Kumar, who sold the subject land to one Mohammed Abdul Muqthadeer, who is the vendor of the petitioner and judgment and decree was passed in the said suit on 21.10.2024 and petitioner is not a party to the said suit. It is further stated that basing on the said judgment and decree, respondent Nos.6 to 8 have filed online application for mutation of their names in respect of the subject land. The grievance of the petitioner is that he has submitted a representation on 18.04.2025 to the 5th respondent requesting not to entertain the application submitted by respondent Nos.6 to 8 and to stop the mutation proceedings in favour of respondent Nos.6 to 8. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties and with their consent, this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to respondent Nos.6 to 8 is dispensed with.

4. Learned counsel for the petitioner contended that the revenue authorities do not have any power or authority to implement the judgment and decree dated 21.10.2024 passed by the Principal Senior Civil Judge, Sangareddy District, in O.S.No.21 of

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