The court affirmed that administrative bodies lack authority to resolve title disputes where litigation is pending, emphasizing adherence to jurisdictional protocols in property rights.

ORDER :

1. Heard Mr. M.V. Hanumantha Rao, learned counsel for petitioner, Mr. L. Ravinder, learned Asst. Govt. Pleader for Revenue appearing for respondent Nos.1 to 4, Mr. M. Surender Rao, learned Senior Counsel representing Mr. N. Sreedhar Reddy, learned counsel appearing for respondent No.5.

2. This writ petition is filed to declare the order dated 25.11.2024 passed by the respondent No.4 as illegal and to set aside the same.

3. The petitioner submits that the land admeasuring Ac. 1.26 guntas in Sy.No.169/E/5 situated at Arempala Village, Khammam Rural (for short ‘the subject property’) was purchased by petitioner’s father namely Pavurala Raghavulu from his maternal grandfather under sada sale deed dated 08.11.1979 and he had cultivated the said land till his death. After the death of his father, the petitioner let out the subject property to Respondent No.5 i.e. his maternal aunt namely Boddu Venkamma, for some period. Respondent No.5 and her family members are claiming that they have purchased the subject property in the year 2003 from Sri. Pavurala Raghavulu.

4. The petitioner submits that he has submitted applications dated 18.01.2025, 10.01.2025 and 02.01.2025 with Respondent Nos.2 to 4 with a request to issue e-passbook in his favour. On conducting spot inspection, detailed enquiry and after following the due procedure laid down under the TELANGANA RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT , 2020 (for short, ‘the ROR Act’) and the Telangana Rights in Land and Pattadar Pass Books Rules (for short ‘the Rules’), Respondent No.4 has issued e-passbook in his favour vide Khata No.60424.

5. While the matter stood thus, Respondent No.5 has submitted his application dated 21.06.2024 through Dharani portal with Respondent No.4 with a request to cancel the e-passbooks issued in favour of the petitioner. Vide impugned order dated 25.11.2024, Respondent No.4 disposed of the said application dated 21.06.2024 submitted by the Respondent No.5 stating that the land admeasuring Ac.1.1550 guntas in Sy.No.169/E situated at Arempala Village of Khammam Rural belongs to Respondent No.5 and recommended to delete the subject property from Khata No.60424 stands in the name of the petitioner.

6. Respondent No.5 has not filed any appeal or revision against grant of passbook in favour of the petitioner within the stipulated time. When both the parties are claiming the source of title from the same original pattadar on basis of various transactions, the revenue authority has no jurisdiction to entertain such applications.

7. The petitioner and his family members filed a suit vide O.S.No.467 of 2015 before the learned Senior Civil Judge, Khammam, for declaration of title, recovery of possession and for perpetual injunction and the same is pending.

8. Respondent No.4 has no authority to pass the impugned order. Therefore, the impugned order dated 25.11.2024 passed basing on the application of Respondent No.5 without conducting enquiry and without following the due process of law, is illegal and the same is liable to be set aside.

9. Respondent No.4 has filed counter contending that Respondent No.5 submitted representation to Respondent No.2 and to the Minister for Revenue, Telangana alleging that the petitioner obtained pattadar pass book fraudulently in collusion with the revenue authorities, though not in actual and physical possession over the subject property and requested to delete the entries made in Dharani Portal in the name of Petitioner.

10. As per Khasra pahani, the land admeasuring Ac. 3.13 guntas in Sy.No.169/3 situated at Arempala village is recorded as CHOWTA INAM and one Boddu Ananthaiah S/o Sheshaiah, is father-in-law of Responde