HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION No.18359 of 2025

ORDER:

This writ petition is filed under Article 226 of the Constitution

of India seeking for following relief:

“....to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4^th respondent in issuing the proceedings No.B/2096/2024, dated 12.05.2025 by rejecting the applications of the petitioner by showing the 2002 proceedings No.B/42-ROR/2002, dated 08.07.2002 informing that the succession of Ac.0.28 gts of land in Sy No.137 of Achampet is sanctioned in the name of Khaja Shamshuddin is highly illegal, arbitrary vitiated by fraud and against to the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of Constitution of India by setting aside the proceedings dt.12.05.2025 along with proceedings dated 08.07.2002 and consequently direct the respondents to make corrections in online revenue records mentioned as Ac.5.30 gts instead of Ac.6.18 gts in Sy No. 137 of Achampet Village and Mandal, Nagarkurnool District and issue fresh Pattadar passbooks and title deeds to the petitioners total extent of land

Ac.6.18 gts in the interest of justice....”

2. Considered the submissions of the learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent this writ

petition is being disposed of at the admission stage.

3. The case of the petitioner is that he is the absolute owner and possessor of the land admeasuring Acs.6-18 guntas in Survey No.137 situated at Achampet Village and Mandal, Nagar Kurnool District, having acquired the same from his grandmother, G.Mallamma, who was the original owner of the subject land and subsequently after her death, the name of the petitioner was mutated in the revenue records and he was also issued pattadar

passbook and title deeds. It is stated that the extent of land in pattadar passbook was wrongly mentioned as Acs.5-30 guntas instead of Ac.6-18 guntas. It is further stated that one Khaja Shamshuddin, S/o.Late Balesaheb, who is the father of the unofficial respondents herein filed a suit in O.S.No.75 of 2005 on the file of Junior Civil Judge at Achampet stating that the land in Sy.No.137, admeasuring Ac.16.28 guntas, situated within the limits of Achampet Shivar belongs to his father by name late Balesaheb and the said Balesaheb, during his life time sold away Ac.16-00 guntas of land in favour of one Gande Mallamma and retained remaining Ac.0-28 guntas of land in his possession and after his death, Khaja Shamshuddin succeeded Ac.0.28 guntas, and the said suit was dismissed vide judgment dated 31.12.2010. Aggrieved by the said judgment dated 31.12.2010, as the said Khaja Shamshuddin died, his legal heirs filed First Appeal in A.S.No.10 of 2011 on the file of Senior Civil Judge at Nagarkurnool, and after hearing, the said appeal was dismissed vide its Judgment dated 27.06.2013. It is further stated that, after dismissal of both the cases filed in connection with the property of the petitioner, as the petitioner was not made a party to the said suit and appeal, the petitioner approached the revenue officials and requested to rectify the entries in the revenue records but the 4^th respondent/Tahsildar in collusion with the unofficial respondents, had mutated the names of the unofficial respondents in the online Dharani to an extent of Ac.0.28 gts, without conducting any proper enquiry. It is also stated that earlier, the petitioner filed W.P.No.20594 of 2022 and after hearing the matter, this Court passed an order dated 22.11.2023 by directing respondent Nos.2 to 4 to consider the applications of the petitioner and pass appropriate orders by issuing the notices to all the concerned. It is further stated that after hearing the petitioner and the unofficial respondents, the 4^th respondent/Tahsildar issued impugned proceedings dated 12.05.2025 rejecting the online Dharani application