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2026 Supreme(Telangana) 269

IN THE HIGH COURT FOR THE STATE OF TELANGANA
Laxmi Narayana Alishetty, J.
Sayari Narasimhulu (died per LRs.) and others - Petitioners
Versus
The State of Telangana, reptd., by its Principal Secretary, Revenue Department, Hyderabad and others - Respondents
Writ Petition Nos.18994 & 20681 OF 2019
Decided On : 17-02-2026

Advocates Appeared:
For the Petitioner: Sri Dr. K.Krishnaiah
For the Respondent: Assistant Government Pleader, Sri Y.Soma Srinath Reddy

ORDER :

Laxmi Narayana Alishetty, J.

Writ Petition No.18994 of 2019 is filed to issue a Writ of Certiorari calling for the records relating to the orders passed by respondent No.2-Joint Collector, Mahabubnagar District, in Revision Case No.D1/34/2015 dated 17.08.2019, upholding the orders, dated 30.04.2015, passed by respondent No.3, vide File No.B/ROR/3626/2012 and the orders, dated 18.06.2011, passed by respondent No.4 in file No.A/205/2010, and to quash the same.

2. Writ Petition No.20681 of 2019 is filed to issue a writ of Mandamus declaring the action of respondent No.3-Joint Collector, Mahabubnagar District, in reviewing the order passed in Revision Case No.D1/34/2015 dated 17.08.2019, through the Endorsement order, dated 17.09.2019, and keeping the order dated 17.08.2019 in abeyance, as illegal, arbitrary and to set aside the same.

3. Since the parties, the subject property and the issues involved in both the Writ Petitions are one and the same, both the Writ Petitions are heard together and are being disposed of by this common order.

4. Writ Petition No.18994 of 2019 is taken up as a lead case insofar as the facts of the case are concerned. For convenience, the parties will be referred to as they are arrayed in Writ Petition No.18994 of 2019.

5. Heard Dr. K.Krishnaiah, learned counsel for the petitioners, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4 and Sri Y.Soma Srinath Reddy, learned counsel for respondent Nos.6 to 8.

6. Briefly stated, the facts of the case, as averred in the writ affidavit, are that petitioner No.1 purchased land admeasuring Acs.6-00 guntas in Sy.No.543/B, situated at Polepally Village, Jadcherla Mandal, Mahabubnagar District, from one Mahabub Bee for valid consideration through a registered sale deed bearing Doc.No.562/1981 dated 13.02.1981 and as such, after his death, petitioner Nos.2 to 6, being his legal heirs, are the absolute owners and possessors of the said land.

6.1. Originally, one Sherfuddin, was owner of land admeasuring Acs.18-31 guntas in Sy.No.543 of Polepally Village, and he had partitioned the said land between his two wives, namely (i) Sindu Bee and (ii) Mahabub Bee, each being allotted half share. Accordingly, Acs.9-15 guntas was allotted to the share of Mahabub Bee, while Acs.9- 16 guntas was allotted to the share of Shameemuddin, i.e., the son of Sindu Bee. Consequently, the revenue records were mutated showing Mahabub Bee as pattadar of land in Sy.No.543/B and Shameemuddin as pattadar of land in Sy.No.543/A; that Sabera Bee (respondent No.5), wife of Shameemuddin, created a fraudulent and fabricated sale deed bearing Doc.No.311/1972 dated 22.02.1972, purportedly executed by Mahabub Bee in her favour and basing on the said void document, the name of respondent No.5 was illegally incorporated as pattadar in the revenue records.

6.2. On coming to know about the said fraudulent transaction, Mahabub Bee filed a suit vide O.S.No.12 of 1980 on the file of the District Munsif Court, Mahabubnagar, against respondent Nos.5 and 6 seeking declaration of title and recovery of possession. The said suit was decreed on 06.08.1980 in terms of compromise petition, wherein respondent Nos.5 and 6 admitted the title of Mahabub Bee and delivered possession of the lands in Sy.Nos.542/B, 543/B and 549/B, total admeasuring Acs.9-15 guntas, to her. The said decree attained finality, as no appeal has been preferred against the same.

6.3. That Mahabub Bee, as averred supra, sold an extent of Acs.6.00 in Sy.No.543/B to petitioner No.1 through a registered sale deed bearing Doc.No.562/1981 dated 13.02.1981.

6.4. While so, when Shameemuddin, {husband of Sabera Bee (respondent No.5) and father of respondent No.6}, in collusion with Mahabub Bee, interfered with the possession of petitioner No.1, the latter filed O.S.No.124 of 1981 on the file of District Munsif Court, Mahabubnagar, seeking perpetual injunction and the said suit was decreed on 24.12.1984, granting permanent injunction in h

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