Writ petitions cannot resolve serious disputed questions of fact; such matters are deferred to the jurisdiction of civil courts.

ORDER :

K. LAKSHMAN, J.

Heard Mr. B. Mayur Reddy, learned Senior Counsel representing Mr. K.V. Raman, learned counsel for the petitioners, Mrs. D. Madhavi, learned Standing Counsel for HMDA appearing on behalf of respondent No.2, Ms. Tekuru Swetcha, learned Assistant Government Pleader for Revenue appearing on behalf of respondent Nos.3 and 4, Mr. J. Ramachandra Rao, learned Senior Counsel representing M/s. Pillix Law Firm appearing on behalf of respondent No.5.

2. CASE OF THE PETITIONERS

i) The land admeasuring Acs.5.18 guntas in Survey No.617 of Turkapally Village, Shamirpet Mandal, Medchal - Malkajgiri District, was being cultivated by one Mr. Bandi Ananthaiah from 1950 onwards as per Khasra Pahani.

ii) Upon the death of Mr. Bandi Ananthaih, his two sons, Mr. Bandi Yellaiah and Bandi Bikshapati applied for succession of Tenancy Rights in the year 1975 and accordingly, they were granted ownership certificate under Section - 38E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short ‘Act, 1950’) to an extent of Acs.3.24 guntas.

iii) Thereafter, the petitioners herein purchased the said extent in Survey No.617 from the said Mr. Bandi Yellaiah and Mr. Bandi Bikshapathi represented by their GPA Holder, Mr. P. Ram Gopal Rao in the ratio of Acs.4.00 to petitioner No.1 and Acs.1.18 gutnas to petitioner No.2 under a registered sale deed bearing document No.6723 of 2001, dated 03.09.2001. Since the date of purchase, the petitioners have been in peaceful possession and enjoyment of the same.

iv) It is not known to the petitioners that some unknown persons registered the said extent of Acs.5.18 guntas of land in favour of one Mrs. Rubina Faizuddin under a registered sale deed bearing document No.1411 of 1993 fraudulently and also subsequent rectification deed bearing document No.4681 of 2002. Then, the petitioners filed a suit vide O.S. No.1367 of 2003 seeking cancellation of the said sale deed bearing document No.1411 of 1993 and ratification deed bearing document No.4681 of 2002 in favour of Mrs. Rubina Faizuddin and for perpetual injunction. In the said suit, learned I Additional Senior Civil Judge, Rangareddy District at L.B. Nagar granted interim injunction and the same is in subsistence.

v) Even Mrs. Rubina Faizuddin filed a suit vide O.S. No.1285 of 2003 seeking perpetual injunction, while Mr. Bandi Yellaiah and Mr. Bandi Satyanarayan filed a suit vide O.S. No.8423 of 2003. All the said suits are pending and transferred to the Medchal Court.

vi) While so, without any notice to the successors of the protected tenants in respect of the land to an extent of Acs.5.18 guntas, respondent No.4 - Tahsildar, illegally incorporated the name of Mrs. Rubina Faizuddin in revenue records by deleting the name of protected tenant, Mr. Bandi Ananthaiah and his successors and the same is in violation of Section - 19 of the Act, 1950. Challenging the same, Mr. Bandi Yellaiah and Mr. Bandi Bikshapathi filed an appeal No.F2/7498/1995 before the Joint Collector, and the same was allowed vide order dated 12.12.2002 ordered to delete the names of original pattadar, Smt. Azizunnisa Begum, her legal heirs and subsequent purchaser, Smt. Rubina Faizuddin from revenue records for the pahanies from the year 1976-77 till date by incorporating the names of appellants therein. As regards remaining extent of Acs.1.34 guntas in Survey No.617 of Turkapally Village, it was held that Mr. Bandi Ananthaiah was the protected tenant for the entire extent of Acs.5.18 guntas in the said survey number and accordingly directed to issue grant of Section - 38E Ownership Certificate to the said extent of Acs.1.34 guntas also to the appellants therein.