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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.TUKARAMJI
Charka Eshwaraiah – Appellant
Versus
State Of Telangana Rep By Its Principal Secretary, Revenue Department, Secretariat, Hyderabad – Respondent
ORDER :
N.TUKARAMJI, J.
Considering that the issues involved in all these Writ Petitions are identical and interrelated, they are being adjudicated through this common order.
2. I have heard Mr. N. Naveen Kumar, learned Counsel for the petitioners, and Mr. B. Chandrasen Reddy, learned Senior Counsel for the respondents.
3. W.P. No. 31169 of 2017 has been filed seeking a declaration that the impugned order in File No. C/4066/2016 dated 09.05.2017, passed by the Revenue Divisional Officer, Chevella Division (respondent No. 2), is arbitrary, illegal, and violative of the mandatory procedure prescribed under the Telangana Rights in Land and Pattadar Passbooks Act, 1971(hereinafter “the Act”). The petitioners further seek a direction to the respondents not to interfere with their peaceful possession of the land in Sy. No. 105/12/E, admeasuring Ac. 2.20 guntas, situated at Nagireddiguda Village, Moinabad Mandal (hereinafter “the subject property”).
4. W.P. No. 26475 of 2019 has been filed seeking to declare the impugned orders in File Nos. B/2388, B/2389, B/2390, and B/2391 dated 23.01.2019, issued by the Tahsildar, Moinabad Mandal (respondent No. 3), mutating the land in Sy. No. 105/12UU 1 t
Jurisdiction of revenue authorities is limited to statutory procedures; unauthorized actions based on invalid orders do not confer legal rights over property.
The scope of judicial review is confined to decision making process and not the decision per se.
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
The court emphasized that revenue authorities must respect the principles of natural justice and cannot alter records without notice, especially when a civil suit is pending.
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....
Revenue authorities must issue individual notices before altering land records to uphold natural justice, as failure to do so renders the action arbitrary and illegal.
The main legal point established in the judgment is that a preliminary decree in a partition suit does not conclusively determine the shares of the parties, and the authority must act independently o....
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,....
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....
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