Writ jurisdiction is not appropriate for resolving title disputes, which must be adjudicated in civil courts.

ORDER :  

Heard Mr. A.Prabhakar Rao, learned counsel for the petitioner, Sri L. Ravinder, learned Assistant Government Pleader for Revenue and Sri D. Jagadishwar Rao, learned counsel appearing for respondent Nos.6 to 9.

2. This writ petition is filed to declare the action of respondent Nos.2 to 4 in mutating the name of one Smt.Sriramoju Satyavathi W/o. late Satyanarayana as pattadar in respect of land admeasuring Ac.1.11 guntas in Sy.No.471/1 and Ac.1.10 guntas in Sy.No.471/2 in total Ac.2.21 guntas, situated at Mahabubabad Village and Mandal, Mahabubabad district (for short, ‘subject property’) without conducting any enquiry, without issuing notice to the legal heirs of pattadar, in not considering the representations dated 16.10.2023 and 08.11.2023 submitted by the petitioner for mutation of his name in the revenue records in respect of subject land; in allowing the respondent Nos. 6 to 9 in making layout in the subject land, as illegal and consequently direct the respondents 2 to 4 to restore the patta in favour of the petitioner in respect of the subject property and also direct the 10 th respondent not to entertain any document such as sale deed in respect of subject property.

Facts of the case :-

3. Petitioner’s grandfather by name late Abdul Khader S/o Jaffar Ali is the owner and pattadar of the subject land. In proof of the same, she has filed copies of some pahanies from 1955 to 1958, 1960 to 1963, 1967-68 etc. On demise of said Abdul Khader, his son Abdul Yakub succeeded to the subject property. Upon the demise of Abdul Yakub, his son Abdul Khader, succeeded to the subject property. Mr. Abdul Khader expired on 05.04.2021 leaving behind his wife – the petitioner and children. Her husband is having vast extents of land in and around Mahabubabad. After demise of Abdul Yakub who died on 23.02.1987, they left to Khammam for livelihood. The petitioner and her husband used to come to visit their lands. In June, 2023, when they visited their lands, they found that the respondents 6 to 9 were leveling the subject land with men and machinery. When the petitioner questioned their act, they informed that they are levelling the land at the instance of respondent Nos.6 to 9 by obtaining permission from the Municipality.

4. 4 th respondent furnished pahanies from the year 1955 to 1958 onwards and on verification of the same, the petitioner found that in the Pahani for the year 1980-81, the name of one Smt. Sriramoju Satyavathi was recorded as possessor of the subject property and the same is continued in the pahani for the year 1988 - 89 and her name is also mutated as pattadar in the pahani for the year 1989-90 and the same is continued in the pahanies for the year 1995-96 onwards without any proceedings by the Tahsildar concerned, to the said effect. Therefore, the name of Smt. Sriramoju Satyavathi as pattadar to the subject property is to be deleted.

5. On her request, the Public Information Officer of 4 th respondent, vide proceedings in Rc.No.A/141/2023 dated 13.10.2023 informed the petitioner that no information is available with regard to mutation of the name of Smt. Sriramoju Satyavathi as pattadar to the subject property, which shows that the 4 th respondent, illegally mutated the name of one Smt. Sriramoju Satyavathi, without notice to the legal heirs of the Abdul Khader including the petitioner. Thus the said entry is liable to be deleted. Taking advantage of said mutation, said Smt. Sriramoju Satyavathi executed a registered gift settlement deed dated 13.06.2012 in favour of her son i.e. Sri Ramoju Ramesh/8 th respondent in respect of the land admeasuring Ac.0.30 guntas in Sy.No.471/1 and Ac.1.10 guntas in Sy.No.471/2 in total Ac.2.00 guntas out of subject property, which is void ab initio . Therefore, 5 th respondent furnished wrong information to mislead the petitioner from taking appropriate action. 4 th respondent is the competent authority to grant tentative layout. 5 th respondent having granted permission for tentativ