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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Sarath, J
Gunda Saralamma died per LR Gunda Chandrasekhar – Appellant
Versus
State of Telangana, rep. by its Principal Secretary for Revenue, Secretariat, Hyderabad – Respondent
Key Points: - The court held that a revision petition under Section 9 of the ROR Act, 1971 is maintainable even though filed after a long delay, emphasizing lack of a time limit for filing under the ROR Act and remanding for fresh enquiry (Paras 6, 13, 32; p_6, p_13, p_32). - The Revisional Authority's remand to conduct fresh enquiry by Tahsildar is proper to ascertain rights under the ROR Act, especially where fraud in mutation of records is alleged and where no Occupancy Rights Certificate exists for the suit schedule land (Paras 11, 31, 32; p_11, p_31, p_32). - The judgment discusses that where fraud is established, the possibility to challenge such mutation at any time exists, and emphasizes that due procedure must be followed, with references to controlling case-law on fraud and limitation in revisional powers (Paras 24, 25, 27, 51–53; p_24, p_25, p_27, p_51, p_52, p_53). - The court dismissed the writ petitions, upholding the remand and procedural directions under ROR Act (Paras 33; p_33). - The petitioners’ contentions regarding lack of jurisdiction or need for condone delay were considered against the absence of a limitation period for Section 9 filings and the possibility of correcting fraud through revision (Paras 17–21, 27–29; p_17, p_21, p_27, p_29).
| Table of Content |
|---|
| 1. petitioners claim occupancy rights (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 2. respondents assert fraud (Para 10 , 11 , 12) |
| 3. court considers submissions (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 4. writ petitions dismissed (Para 33 , 34) |
ORDER:
K. SARATH, J.
As both these writ petitions are filed challenging the order passed by the respondent No.2-Joint Collector-II, Ranga Reddy District in Case No.D1/5951/2008 dated 12.12.2014, they are being disposed of by this common order.
2. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and learned counsel for the unofficial respondents.
3. For the purpose of narrating the facts, W.P.No.24536 of 2015 is taken as a lead case.
4. Learned Counsel for the petitioners in both the writ petitions submits that originally one Sri Gopal Rao Deshmukh was the Inamdar of lands bearing Sy.Nos.330 admeasuring Ac.6-09 gts, Sy.No.335 admeasuring Ac.17.26 gts, Sy.No.338 admeasuring Ac.3-00 gts, Sy.No.339 admeasuring Ac.6- 03 gts, Sy.No.340 admeasuring Ac.2-15 gts and Sy.No.369 admeasuring Ac.0.33 gts situated at Singapur Village, Shankarpally Mandal, Ran
The court affirmed that a revision petition under the ROR Act can be filed without a time limit, emphasizing the need for a fresh enquiry into land ownership claims, especially in cases of alleged fr....
The court emphasized the necessity of following due process and issuing notice to affected parties in revenue record alterations, affirming the principles of natural justice.
The exercise of revisional power under the Telangana Rights in Land and Pattadar Pass Books Act after a significant delay is improper and violates principles of natural justice.
The court ruled that delayed administrative actions undermining property rights must be resolved through civil courts, emphasizing the importance of timely legal recourse.
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....
Petitioners cannot seek restoration of land title based on an unregistered agreement; proper legal procedures must be followed for title validation, and corrections made in revenue records are upheld....
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