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2024 Supreme(Telangana) 1125

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. SREENIVAS RAO, J.
Mohd. Chand Pasha S/o Late Mohd. Ismail - Appellant
Versus
The State of Telangana and Others - Respondents
Writ Petition No. 3615 of 2019
Decided On : 31-07-2024

Advocates Appeared:
For the Appellant : T. Ranjith Kumar
For the Respondent: P. Rajagopal Reddy

Entries in revenue records made fraudulently lack legal validity, and administrative authorities must provide reasons for their decisions to ensure justice.

Headnote:(A) Telangana Rights in Land and Pattadar Pass Books Act, 1971 - Sections 5(5), 9 - Writ of Certiorari sought to quash orders regarding revenue records - The petitioner claimed ownership of land based on familial inheritance, while the respondent contested the entries based on alleged fraudulent actions by the petitioner’s family. The court found that the revisional authority failed to provide adequate reasoning in its decision. (Paras 8, 10, 26, 28)

(B) Natural Justice - The principle that administrative authorities must provide reasons for their decisions is emphasized, as failure to do so can lead to injustice. (Paras 21, 22, 24)

Facts of the case:
The petitioner claimed ownership of land inherited from his father, while the respondent alleged fraudulent entries in revenue records favoring the petitioner. The petitioner contested the validity of the orders made by the revenue authorities.

Findings of Court:
The court found that the revisional authority did not properly consider the evidence and failed to provide adequate reasoning for its decision.

Issues: The main issues were whether the revenue authorities had jurisdiction to correct entries and whether the orders were made in violation of natural justice.

Ratio Decidendi: The court ruled that entries made in revenue records based on fraud lack legal validity and emphasized the necessity for authorities to record reasons for their decisions.

Result: The impugned order was set aside and the matter remitted for reconsideration by the Special Tribunal.

Table of Content
1. respondent no.6 asserts rightful claim based on will and possession. (Para 5 , 6 , 7)
2. court examines revenue records and prior claims. (Para 8 , 9 , 10 , 11)
3. court highlights the importance of timely appeals in revenue matters. (Para 12 , 13 , 14 , 15)
4. fraudulent entries in records can be challenged at any time. (Para 16 , 17 , 18)
5. revised jurisdiction under new law requires case reassignment. (Para 26 , 27)
6. order set aside; case remitted for reconsideration by special tribunal. (Para 28 , 29)

ORDER :

1. This writ petition is filed for the following relief:

“…to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the orders of the 3rd respondent dated 27.10.2018 in Revision Petition No.D1/521/2016, in confirming the order passed by the 4th respondent in Appeal File No.A/1482/2015 dated 19.10.2015 as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14, 21 and 300A of the Constitution India and contrary to the provisions of Records of Rights in Land and Pattadar Pass Book Act and quash the same…”

Brief facts of the case:

2. The case of the petitioner is that he is the owner and possessor of land to an extent of Acs.0.13 guntas in Survey No.1014 situated at Manthani Village and Mandal Peddapally District (erstwhile Karimnagar District). Having acquired the same from his father namely late Mohd. Ismail, who inturn acquired the same from the petitioner’s grandfather namely Fateh Mohammed which is his self- acquired property. He further stated that his father name was recorded as pattadar in Pahani for the year 1963-64 and after his demise the petitioner is continuing in possession of the subject land, without any interruption.

2.1. While things stood thus, respondent No.6 had filed suit in O.S.No.178 of 2011 on the file of Senior Civil Judge, Manthani seeking declaration of title and perpetual injunction against him and during the pendency of the said suit Fakrunnisa W/o Late Aziz and her son have filed another O.S.No.53 of 2013 on the file of Senior Civil Judge Manthani, seeking declaration of title and claiming ¼ share in the suit scheduled property and recovery of possession. When the above suits are pending, respondent No.6 again filed appeal before respondent No.4 seeking rectification of revenue records by mutating his name in place of petitioner alleging that his grandfather executed will deed dated 22.02.1964 in favour of his father and he acquired the said property from his father and basing on the same, respondent No.4 initiated the proceedings exercising the powers conferred under the provisions of Telangana Rights in Land and Pattdar Pass Books Act, 1971 (‘Act’ for brevity) and further stated that he filed a detailed counter denying the allegation made by the respondent No.6. During the pendency of the said appeal, respondent No.6 filed W.P.No.4372 of 2015 without impleading the petitioner as party respondent No.2 before this Court, questioning the action of respondent No.2 therein in contemplating to lay public road over the land in Survey No.1014, wherein this Court granted Status Quo. Respondent No.4 without properly considering the contentions of the petitioner and without verifying the records, allowed the Appeal file No.A1/1482/2015 on 19.10.2015 deleting the name of the petitioner’s father from patta and possession column of the pahanies for the year 1963-64 to 2011-12 and deleting the name of the petitioner from the patta and possession columns of pahanies for the year 2012-13 to till date and further recording the name of Fatheh Mohammad in patta column of pahanies from 1963-64 to 1995-96 and including the name of the father of respondent No.6 herein namely Mohd.Afzal in possession column of pahanies from the year 1963-64 to till date and recording the name of Fateh Mohammad in the patta column from the year 1996-97 to till date and cancelling the virasath proceedings

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