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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
Nalam Anil Kumar – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioners' ownership and possession of lands outlined. (Para 1 , 3) |
| 2. notice and actions leading to cancellation of mutation proceedings. (Para 4 , 5 , 6) |
| 3. rdo's authority questioned; reference to suraj lamp case. (Para 8 , 10) |
| 4. distinction between 'sa/gpa/will' and registered sale deeds. (Para 11 , 12 , 13) |
| 5. impugned order unsustainable; writ petition allowed. (Para 14 , 15 , 16) |
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; Pe
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,....
Jurisdiction of revenue authorities is limited to statutory procedures; unauthorized actions based on invalid orders do not confer legal rights over property.
The court emphasized that pattadar passbooks must be issued only after valid mutation proceedings, and any orders issued without such proceedings are void.
The court emphasized that appeals filed beyond statutory limitation periods cannot be entertained, reaffirming the importance of adherence to procedural timelines in resolving land disputes.
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