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2024 Supreme(Online)(TEL) 3230

HIGH COURT FOR THE STATE OF TELANGANA

WRIT PETITION No.3615 OF 2019

Mohd. Chand Pasha S/o Late Mohd.Ismail,

Age: 40 years, Occ: Pan Shop Business,

R/o H.No.2-95, Ambedkarnagar,

Manthani Village & Mandal, Peddapalli District.

….Petitioner

VERSUS

The State of Telangana rep. by the

Principal Secretary, Revenue Department,

Secretariat, Hyderabad and five others.

… Respondents

DATE OF JUDGMENT PRONOUNCED: 31.07.2024

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

1.

Whether

Reporters

of

Local

newspapers may be allowed to see the

Judgments?

Yes/No

2.

Whether the copies of judgment may

be marked to Law Reporters/Journals?

Yes/No

3.

Whether Their Ladyship/Lordship wish

to see the fair copy of the Judgment?

Yes/No

_____________________

J. SREENIVAS RAO, J

THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO

+ WRIT PETITION No.3615 OF 2019

% Dated 31.07.2024

# Mohd. Chand Pasha S/o Late Mohd.Ismail,

Age: 40 years, Occ: Pan Shop Business,

R/o H.No.2-95, Ambedkarnagar,

Manthani Village & Mandal, Peddapalli District.

….Petitioner

VERSUS

$ The State of Telangana rep. by the

Principal Secretary, Revenue Department,

Secretariat, Hyderabad and five others.

… Respondents

! Counsel for Petitioner

: Sri T.Ranjith Kumar,

^ Counsel for Respondents

: Sri P.Rajagopal Reddy

and G.P for Revenue

< GIST:

> HEAD NOTE:

? CITATIONS:

1.

2015(5) ALT 290

2.

1996 LawSuit(AP) 906

3.

(2010) 8 SCC 467

4.

(2009) 9 SCC 352

5.

2002 (5) ALD 398

6.

(2019) 3 SCC 530

7.

(1994) 1 SCC 1

8.

2003 5 ALD 654

9.

1979 2 SCC 368

10.

1990 4 SCC 594

11.

2006 5 ALT 1

12. 2024(3) ALD 749

HON’BLE SRI JUSTICE J. SREENIVAS RAO

WRIT PETITION No.3615 of 2019

ORDER

This writ petition is filed for the following relief:

    “…to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records pertaining to the orders of the 3rd respondent dated 27.10.2018 in Revision Petition No.D1/521/2016, in confirming the order passed by the 4th respondent in Appeal File No.A/1482/2015 dated 19.10.2015 as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14, 21 and 300A of the Constitution India and contrary to the provisions of Records of Rights in Land and Pattadar Pass Book Act and quash the same …”
    Brief facts of the case:

2. The case of the petitioner is that he is the owner and possessor of land to an extent of Acs.0.13 guntas in Survey No.1014 situated at Manthani Village and Mandal Peddapally District(erstwhile Karimnagar District). Having acquired the same from his father namely late Mohd.

Ismail, who inturn acquired the same from the petitioner’s grandfather namely Fateh Mohammed which is his self-

    acquired property. He further stated that his father name was recorded as pattadar in Pahani for the year 1963-64 and after his demise the petitioner is continuing in possession of the subject land, without any interruption.

2.1. While things stood thus, respondent No.6 had filed suit in O.S.No.178 of 2011 on the file of Senior Civil Judge, Manthani seeking declaration of title and perpetual injunction against him and during the pendency of the said suit Fakrunnisa W/o Late Aziz and her son have filed another O.S.No.53 of 2013 on the file of Senior Civil Judge Manthani, seeking declaration of title and claiming ¼ share in the suit scheduled property and recovery of possession. When the above suits are pending, respondent No.6 again filed appeal before respondent No.4 seeking rectification of revenue records by mutating his name in place of petitioner alleging that his grandfather executed will deed dated 22.02.1964 in favour of his father and he acquired the said property from his father and basing on the same, respondent No.4 initiated the proceedings exercising the powers conferred under the provisions of Telangana Rights in Land and Pattdar Pass Books Act, 1971(‘Act’ for brevity) and further stated that he filed a detailed counter denying the allegation made by the respondent No.6. During the pendency of the said appeal, respondent No.6 filed W.P.No.4372 of 2015 without impleading the petitioner as party respondent No.2 before this Court, questioning the action of respondent No.2 therein in contemplating to lay public road over the land in Survey No.1014, wherein this Court granted Status Quo. Respondent No.4 without properly considering the contentions of the petitioner and without verifying the records, allowed the Appeal file No.A1/1482/2015 on 19.10.2015 deleting the name of the petitioner’s father from patta and possession column of the pahanies for the year 1963-64 to 2011-12 and deleting the name of the petitioner from the patta and possession columns of pahanies for the year 2012-13 to till date and further recording the name of Fatheh Mohammad in patta column of pahanies from 1963-64 to 1995-96 and including the name of the father of respondent No.6 herein namely Mohd.Afzal in possession column of pahanies from the year 1963-64 to till date and recording the name of Fateh Mohammad in the patta column from the year 1996-97 to till date and cancelling the virasath proceedings dated 16.02.2012 as they are irregular and illegal.

2.2. Aggrieved by the same, petitioner filed revision before Joint collector, Peddapalli-respondent No.3 invoking the provisions of Section 9 of Act. During the pendency revision petition, respondent No.6 withdrawn the suit in O.S.No.178 of 2011 on 28.01.2016. The revisional authority without properly considering the grounds
















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