The Tahsildar lacks jurisdiction to cancel mutation orders based on non-aggrieved party recommendations, violating due process under the Telangana Record of Rights in Land and Pattadar Passbooks Act, 1971.

ORDER:

LAXMI NARAYANA ALISHETTY, J.

This Writ Petition is filed to declare the action of respondent No.3 in entertaining letter No.681/2019, of respondent No.4, as appeal in proceedings No.C/372/2019, under Telangana Record of Rights in Land and Pattadar Passbooks Act , 1971 and cancelling the mutation orders vide proceedings dated 09.08.2019, as illegal, arbitrary and in violation of Articles 14, 19 and 300-A of Constitution of India.

2. Heard Sri A.Praneeth, learned Counsel for petitioners and learned Assistant Government Pleader for Revenue for respondents.

3. Brief facts of the case as averred in the writ affidavit are that petitioner No.1 is the absolute owner and possessor of the lands in Sy.Nos.27 and 28, measuring an extent of Acs.4 – 24 gts and Acs.16 – 10 gts respectively; Petitioner No.2 is the absolute owner and possessor of the lands in Sy.Nos.9, 10, 13, 19 and 20 measuring an extent of Ac.0 – 16 gts, Acs.3 – 24 gts, Acs.3 – 13 gts, Ac.1 – 22 gts and Ac.1 – 32 gts respectively; Petitioner No.3 is the absolute owner and possessor of lands in Sy.Nos.1, 67, 68 and 72 measuring an extent of Acs.2 – 07 gts, Acs.5 – 24 gts, Acs.2 – 32 gts and Acs.4 – 00 gts respectively, situated at Gunajala Village, Bheempur Mandal, Adilabad District, having purchased the same under registered sale deeds dated 03.02.2017, 26.07.2018 and 26.04.2018 bearing document Nos.1742 of 2017, 14496 of 2018 and 14494 of 2018 respectively, from the original land owners Lata Bai, Sneha, Shantanu, Hariprasad, Kalandi, Nalini, Prabha Deshmukh through their registered GPA holder Praveen Kumar Padmawar. It is further averred that petitioners submitted representations dated 06.07.2018, 01.08.2018 and 01.08.2018 respectively, for mutation of their names in the revenue records to respondent No.4 and respondent No.4 sanctioned mutations vide proceeding Nos.B/1174/2018, B/1308/2018-5 and B/1308/2018-3, respectively, after due enquiry and by following the due procedure.

4. While the matter stood thus, petitioners received a notice dated 01.08.2019 from respondent No.3 to appear before him along with documentary evidence to give depositions in respect of Sy.Nos.1, 4, 5, 6, 7, 9, 10, 13/2, 19, 20, 26, 27, 28/1, 67, 73, 75 and 79, situated at Gunjala village, Bheempur Mandal; that perusal of said notice discloses that respondent No.4 addressed a letter dated 19.06.2019 to respondent No.3 recommending to reject the pattas of the above said survey numbers as per the orders of the District Collector and Joint Collector, since the pattas were mutated through GPA and the respondent No.3 vide impugned proceedings dated 09.08.2019 cancelled the mutation proceedings of the petitioners and directed the respondent No.4 to restore the names of original pattadars in the revenue records. Aggrieved by the same, present writ petition is filed.

5. Learned Counsel for petitioners would submit that Tahsildar being independent quasi-judicial authority has to apply his own mind and adjudicate the case under The Telangana Record of Rights in Land and Pattadar Passbooks Act , 1971 (for short ‘the Act’). In the present case, respondent No.4-Tahsildar addressed a letter dated 19.06.2019 to respondent No.3, as per the directions of District Collector and Joint Collector; that the respondent No.4 is not an aggrieved party, therefore, he has no authority and has no suo moto powers to address letter dated 19.06.2019 and respondent No.3 also committed error in entertaining the same as appeal without any jurisdiction contrary to Section 5(5) of the Act, as the appeal can be entertained only when t