THE HON’BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.4414 of 2022

ORDER:

This writ petition is filed challenging the order dated

01.07.2021 in Case No.C/2902/2019/SP/D1/918/2021 passed by the respondent No.2, amendments dated 02.08.2018, 15.11.2019 and 24.09.2019 made in the ROR and 1B in respect of land admeasuring Ac.1.19 guntas in Sy.No.636/E2 and also Ac.1.02 guntas in Sy.No.633/A/3, Shamshabad Village and Mandal, Ranga Reddy District and the order passed by the respondent No.4 dated 16.02.2007 in proceeding No.D/114/2007, as being illegal and arbitrary and consequently, rectify the entries in Dharani by deleting the names of the respondents No.6, 7 and 8 and incorporating the name of the petitioner in respect of the subject land.

2. The case of the petitioner is that the father of the respondent No.5, namely, S. Narayan Reddy was the original pattadar of the subject lands in Sy.Nos.633 and 636 of Shamshabad Village and Mandal, Ranga Reddy District. S. Narayan Reddy died leaving behind his four sons, namely, S. Papi Reddy, S. Ram Reddy, S. Laxma Reddy and S. Srinivas Reddy-respondent No.5 as his legal heirs. After the demise of S. Narayan Reddy, his four sons made an application for mutation of their names in the revenue records and by virtue of the orders passed in proceedings No.B/10/98 dated 23.01.1998 an extent of Ac.1.19 guntas out of Ac.5.36 guntas in Sy.No.636 and an extent of Ac.1.32 guntas out of Ac.7.08 guntas in Sy.No.633 of Shamshabad Village, was mutated in the name of each of the sons. Accordingly, the Tahsildar issued Pattadar Passbooks in the names of four sons of Late S. Narayan Reddy. Consequently, the respondent No.5 was issued pattadar passbook for an extent of Ac.1.19 guntas in Sy.No.636 vide Passbook No.351181 and Ac.1.32 guntas in Sy.No.633 vide Passbook No.351181 of Shamshabad village.

3. It is submitted that the respondent No.5, in order to meet his urgent family necessities sold his share of Ac.1.19 guntas in Sy.No.636 and Ac.1.21 guntas in Sy.No.633 (total of Ac.3.00 guntas) of Shamshabad Village, which fell to his share, under a registered sale deed bearing document No.2745/1999 dated 19.04.1999 to the petitioner herein. Since then, the petitioner became the absolute owner of the subject land and had been in possession of the same. In the title deed of the respondent No.5 bearing No.21140 vide Patta No.861, the Sub-Registrar made an entry/endorsement on 19.04.1999 that the above referred land was sold under Registered Sale Deed bearing document No.2745/1999 dated 19.04.1999.

4. It is stated that immediately after purchase of the subject land, the petitioner made an application for mutation and accordingly, proceedings No.B/505/1999 dated 04.10.1999 were issued entering the name of the petitioner in the revenue records and 1B register. Since then, the name of the petitioner is duly reflected as pattadar and possessor in respect of Ac.1.19 guntas in Sy.No.636 and Ac.1.21 guntas in Sy.No.633 and the same is evident from the pahanies of the years 2000-01, 2005-06 and

2016-17.

5. It is submitted that, while so, the respondent No.6 brought into existence the alleged unregistered sale deed dated 13.02.2006 said to have been executed by respondent No.5 in his favour for an extent of Ac.1.02 guntas of land in Sy.No.633 and Ac.1.19 guntas of land in Sy.No.636 of Shamshabad Village. The respondent No.4-Tahsildar issued proceedings in File No.D/114/2007 dated 16.02.2007 in favour of respondent No.6 pursuant to his application. In consequence thereof, the name of the respondent No.6 was entered in the revenue record in respect of the aforesaid land and the name of the respondent No.5 was deleted. The petitioner applied for information under the Right to Information Act, 2005 with respect to File No.D/114/2007 and found that fraudulent claim was made by the respondent No.6 by filing application dated 02.01.2007. The Tahsildar, allegedly, issued notice dated 03.02.2006 and alleged application is dated 02.01.20