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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.VIJAYSEN REDDY
M. Vidyavathi – Appellant
Versus
State Of Telangana, Rep. By Its Secretary, Revenue Department – Respondent
| Table of Content |
|---|
| 1. background of land ownership dispute (Para 2) |
| 2. respondents' claims countering petitioners (Para 4) |
| 3. procedural issues with past court orders (Para 5 , 6) |
| 4. summary of tribunal's reasoning for dismissal (Para 7) |
| 5. finality of ownership certificate under section 38e (Para 8) |
| 6. jurisdiction issues and authority of revenue officials (Para 9) |
| 7. conclusion and dismissal of writ petition (Para 10) |
ORDER :
B. VIJAYSEN REDDY, J.
The order of the respondent No.2 – The Special Tribunal, Mechal-Malkajgiri District, dated 24.06.2021 in proceedings ST.No.87/2021/D1/108/2019 is questioned in this Writ of Certiorari, as being arbitrary, violative of principles of natural justice and without jurisdiction.
2. The facts of the case leading to the filing of the writ petition are as under:
(a) The respondent Nos.7 to 9 filed mutation application before the respondent No.6 – Tahsildar, Medchal Mandal, seeking incorporation of their names in ROR register in respect of the agricultural lands admeasuring Ac.15.02 guntas in Sy.Nos.363/1 and364 of Pudur Village, Medchal Mandal, Medchal-Malkajigiri District. The respondent Nos.7 to 9 claimed to be absolute owners and possessors of the land adm
Jurisdiction of revenue authorities to issue mutation orders upheld when confirmed ownership certificates exist, superseding prior claims based on disputed titles.
Jurisdiction of revenue authorities is limited to statutory procedures; unauthorized actions based on invalid orders do not confer legal rights over property.
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....
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.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
The scope of judicial review is confined to decision making process and not the decision per se.
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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