HON’BLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION No.1453 of 2023

ORDER

This Writ Petition, under Article 226 of the Constitution of

India, is filed seeking the following relief:

“….to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the action of respondent No.2 in issuing the proceedings No.D1/1224/2022 dated 06/01/2023 in pursuance of the letter addressed by the respondent No.4 dated 19/09/2022 cancelling the entries in revenue records i.e. the name of the petitioner in regarding with her agricultural lands admeasuring Ac.0.1650 gts in Sy. No. 216/11 and Ac.1.16 gts in Sy. No. 216/1/2 situated at Porandla Village, Jagtial Rural Mandal, Jagtial District, without issuing any notice to the petitioner without conducting any enquiry and without giving any opportunity of hearing to the petitioner even though there is no such provision under Telangana Rights in Land and Pattadar Passbooks Act enabling the respondent No.2 authority to cancel the entries in revenue records is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and violative of Articles 14, 19 and 21 of the Constitution of India Consequently set aside the same thereby direct the respondent authorities to continue the name of the petitioner in the

revenue records in regarding with her above said lands..…”

2. Considered the submissions of the learned counsel for the petitioner; Sri L. Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4,

learned counsel for respondent No.5, and perused the record.

3. It is stated that the petitioner’s brother (Sri Naluvala Narsingham) was the pattadar, owner and possessor of lands admeasuring Ac.0.1650 guntas in Sy.No.216/11 and Ac.1.16

guntas in Sy.No.216/1/2, situated at Porandla Village, Jagtial Rural Mandal, Jagtial District. It is further stated that the petitioner’s brother died on 22.07.2003, and later the son and wife of petitioner’s brother died on 16.11.2020 and 12.05.2010; and petitioner being the Class II legal heir of the subject property, submitted applications before the revenue authorities requesting to issue succession proceedings in her favour, and acting on the same, the revenue authorities have issued pattadar passbooks and title deeds and recorded the name of the petitioner as successor of the subject property. The case of the petitioner is that respondent No.5, who is no way concerned with her brother, submitted representation before the revenue authorities claiming that she is the wife of her brother, and acting on the same, respondent No.2 issued proceedings No.D1/1224/2022, dated 06.01.2023 directing respondent No.4 to delete the name of the petitioner in the revenue records over the subject lands, and to enter the name of respondent No.5.

4. Sri K. Venumadhav, learned counsel for the petitioner submitted that without conducting any enquiry, without issuing any notice, and without giving an opportunity of hearing to the petitioner, respondent No.2 has directed respondent No.4 to delete the entries which stand in the name of the petitioner and to mutate the name of respondent No.5 over the subject property, and the said action on the part of respondent No.2 amounts to violation of principles of natural justice. Learned counsel for the petitioner further submitted that once the petitioner is declared as Class II legal heir of Naluvala Narsingham, and obtained succession rights, the said rights cannot be taken away by the quasi judicial authorities that too without following the due process of law.

5. Learned counsel for respondent No.5 submitted that respondent No.5 is the first wife of Sri Naluvala Narsingham, but husband’s name of respondent No.5 has been wrongly described in the cause title as Naluvala Raya Ellaiah. Learned counsel further submitted that in fact respondent No.5 being the wife of Naluvala Narsingham is entitled for succession rights, and sup