THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.7153 of 2023

ORDER

The crux of the case of the petitioners, as per the writ affidavit, is that their father is the owner of land in an extent of Ac.16.29 guntas in Survey No.6 of Pippaldhari village, Adilabad mandal, having purchased the same in the year 1954 from one Mohd. Nayeemullah Khan who is a non-tribal, and since then they are in peaceful possession of the land. Thereafter, their father shifted to another village for some time and taking advantage of the same, the respondents 5 to 7 got entered their names in the revenue records as cultivators and in fact no transactions took place between the petitioners and respondents 5 to 7. While so, respondent No.3 passed ejection orders dated 15.04.1997 stating that transaction took place between petitioners and respondents 5 to 7 and directed for resumption of the land to Government custody, and the said ejection orders were not communicated to the petitioners. A revision petition was filed before the 1^st respondent by respondents 5 to 7; and the petitioners have also filed revision petition before the 1st respondent on 11.02.2009. While so, though revision petition was pending, the respondents tried to assign the lands to third parties by dispossessing the petitioners. The petitioners filed WP No.9046 of 2009 before this Court. The respondents filed counter in the said writ petition and stated that the 1^st respondent passed orders vide GOMs.No.59 dated 06.06.2009 in the revision petition filed by respondents 5 to 7 and also stated that the revision petition filed by the petitioners was rejected as time-barred and therefore the writ petition was dismissed as infructuous with liberty to challenge the orders passed by 1^st respondent.

2. Heard learned counsel for the petitioners; and the learned Government Pleader for Social Welfare.

3. Counter affidavits are filed by respondent No.4-Tahsildar, Adilabad Rural; and respondent No.6-Kemi Raja Reddy. The sum and substance of the counter affidavit filed by respondent No.4-Tahsildar is that as per the Revenue Record Khasra Pahani, the name of Sri Nayeemullah Khan was recorded as pattadar and the name of Dattu, father of petitioners 2 to 4 was recorded as cultivator, and it was also reported by the Tahsildar, Adilabad that Sri Dattu S/o Yashwanth Rao was dispossessed from the suit land in Survey No.6 extent of Ac.13.38 guntas, and Sri Dattu was recorded as pattadar for the year 1967-68 without valid document and approval of the Jamabandhi officer in the faisal patti wherein the mutation are to be sanctioned, and thus it is clear that the name of Dattu was recorded in the pahani without approval of Jamabandhi Officer during Jamabandi through mutation i.e., Form No.5 Warga Kammi and 6 Warga Izafa of faisal pati. The name of Sri Dattu continued as pattadar for the year 1993-94 and it is in possession of Kemi Raja Reddy, Kemi Ashanna and Kemi Linganna, the legal heirs of purchaser as per Registered Document No.9/1967 dated 05.01.1967 purchased the land from original pattadar Sri Nayeemullah Khan. Since the father of the petitioner was dispossessed by the Tahsildar from tenancy in favour of Original Pattadar Sri Nayyemullah Khan. Hence, the petitioners do not have any right over the subject land as their father was not declared as protected tenant and was also dispossessed from the land, and the petitioners are not in possession of the land upto 1422F, 1423F, 1425F and 1426F. In reply to paragraph 4 and 5 of the counter, it is stated in the counter that as per pahani for 1954 shows that Dattu was recorded as pattadar without approval from the Jamabandhi Officer through Faisal Patti in Forms 5 and 6; and the Tahsildar Adilabad has furnished the list of land transfer cases taken place in between non-tribals in notified village Pippaldhari village, according to which the land in Surveyy No.6 extent 16.38 acres is in possession of Kemi Raja Reddy S/o Ashanna, Kemi Ashanna S/o Rajanna and Ke