Orders passed against deceased individuals without notice violate natural justice and are void, emphasizing the necessity of proper procedure in land mutation disputes.

COMMON JUDGMENT: (per the Hon’ble Shri Justice Anil Kumar Jukanti)

Mr. Vedula Srinivas, learned Senior Counsel representing Mr. N.M.Krishnaiah, learned counsel for appellants in W.A.Nos.408, 439 and 442 of 2011.

Mr. T.Rajendra Prasad, learned counsel for the appellants in W.A.Nos.623 and 649 of 2011.

Mr. Raghu Gurram, learned counsel for appellants Nos.2, 4 and 5 in W.A.No.542 of 2011.

Ms. Anitha Swain, learned counsel for appellant Nos.6 to 11 in W.A.No.543 of 2011.

Mr. Avinash Desai, learned Senior Counsel representing Ms. C.Apoorva Reddy, learned counsel appears for respondent No.1 in W.A.Nos.439 and 543 of

2011.

Mr. A.Venkatesh, learned Senior Counsel representing Ms. C.Apoorva Reddy, learned counsel for respondent No.1 in W.A.No.649 of 2011.

Mr. M.V.Durga Prasad, learned counsel for respondent Nos.9 to 20 in W.A.No.408 of 2011.

2. Aggrieved by the common order of the learned Single Judge in the W.P.Nos.24525, 24506 of 2008 (allowed) and 28272 of 2008 (dismissed), the following seven (7) Writ Appeals have been filed:

I. Three writ appeals filed:

W.A.No.439 of 2011 - Filed by Cyrus Investments

W.A.No.543 of 2011 - Filed by Mohd.Qamuruddin Khan and Others

W.A.No.649 of 2011 - Filed by Anup Kumar Roy and Mohd. Mustafa Ali

Against

W.P. No. 24506 of 2008: Aditya Homes - Petitioner

Mohd. Qamuruddin Khan and 4 Others - Respondent Nos. 4 to 8 Nawab Mohd. Naseeruddin Khan - Respondent No. 9 Anup Kumar Ray and Mohd. Mustafa Ali - Respondent Nos. 10 and 11

II. Three writ appeals filed:

W.A. No. 442 of 2011 - Filed by Cyrus Investments

W.A. No. 542 of 2011 - Filed by Mohd. Qamuruddin Khan and Others

W.A. No. 623 of 2011 - Filed by Anup Kumar Roy and Mohd. Mustafa Ali

Against

W.P. No. 24525 of 2008:

Ganesh Pershad and 11 Others (Suraj Bhan Family) - Petitioners

Mohd. Qamuruddin Khan and 4 Others - Respondent Nos. 4 to 8

Nawab Mohd. Naseeruddin Khan - Respondent No. 9

Anup Kumar Ray and Mohd. Mustafa Ali - Respondent Nos.10-11.

III. One writ appeal filed:

W.A. No. 408 of 2011 - Filed by Cyrus Investments Ltd.

Against

W.P. No. 28272 of 2008:

Cyrus Investments Ltd. - Petitioner

Mohd. Qamuruddin Khan and 4 Others - Respondent Nos. 4 to 8 Ganesh Pershad and 11 Others (Suraj Bhan Family) - Respondent Nos. 9 to 20

Nawab Mohd. Naseeruddin Khan - Respondent No.21

Since the issue involved is common in all the Writ Appeals, they are heard together and are being disposed of by this common judgment.

3. For brevity, facts and parties as arrayed in W.A.No.408 of 2011 are referred to.

Brief facts:

The subject matter pertains to parcel of land admeasuring Ac.7.05 guntas in Sy.No.1, situated at Darga Hussain Shavali Village, Serilingampally Village. As per the appellant in W.A.No.408 of 2011, one Bahadurunnisa Begum was the owner of subject land and sold the subject property to H.E.H. Nizam under registered sale deed dated 26.04.1964. M/s. Cyrus Investments Limited purchased the subject property from H.E.H. Nizam. Thereafter, name of M/s. Cyrus Investments Limited entered in the revenue records.

3.1 Legal heirs of Bahadrunnisa Begum, namely respondent Nos.4 to 8 filed an appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act , 1971 (for short ‘ROR Act, 1971’) before Special Grade Deputy Collector & Revenue Divisional officer (for Short ‘RDO’), Chevella Division, i.e., respondent No.2 herein, on the ground that, Mandal Revenue Officer (for short ‘MRO’), Serlingampally, i.e., respondent No.3 herein, sanctioned mutation of subject property in the names of Ganesh Pershad, Jagadish Pershad and Mahavir Pershad, legal heirs of one Suraj Bhan. However, their names are required to be deleted and names of respondent Nos.4 to 8 have to be entered in the revenue records. It is the case of legal heirs of Smt. Bahadrunnissa Begum that her name was deleted and names of legal heirs of late Suraj Bhan i.e., Ganesh Pershad, Jagadish Pershad and Mahavir Pershad, were inserted without notice. RDO in the appeal by order, dated 22.05.2007, directed deletion of names of Ganes