##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

WP.No.10132 of 2020

Dated:22.12.2025

Between:

Sukkala Chandraiah, (died)

per LRs. and others.

…Petitioners

And

The State of Telangana, reptd., by

its Principal Secretary,

Revenue Department,

Hyderabad and four others.

…Respondents

ORDER

This Writ Petition is filed seeking to issue a writ of

Certiorari calling for the records in Case No.F2/1083/2019, dated

08.02.2020, passed by respondent No.2 and to quash the same as

illegal, arbitrary and without jurisdiction.

2. Heard Sri E.Madan Mohan Rao, learned senior counsel for

the petitioner and learned Assistant Government Pleader for

Revenue appearing for respondent Nos.1 to 4. Though Sri

K.V.Sudhakar, advocate, entered appearance for respondent No.5,

2

LNA, J

WP.No.10132 of 2020

none appeared on his behalf, therefore, the Writ Petition is

disposed of on appreciating the material available on record.

3. Learned senior counsel for petitioner submitted that

originally, grandfather of petitioner Nos.1 and 2, viz., Sukkala

Yellaiah was the owner of land admeasuring Acs.17.30 guntas in

Sy.No.250/A of Dathrapally Village, Yadagirigutta Mandal,

Yadadri-Bhongir District and that during his life time, he

partitioned the said land among his five sons, in which, the father

of petitioner Nos.1 and 2 namely Bakkaiah has got Acs.2.22 guntas

to his share and subsequently, after his death, petitioner Nos.1 and

2 have succeeded to half share each out of Acs.2.22 guntas.

3.1. Learned senior counsel further submitted that petitioner

No.1 expired during the pendency of the present Writ Petition and

petitioner Nos.2 and 3 are brought on record as his legal

representatives. When the matter stood thus, the name of

respondent No.5 was mutated in the revenue records in respect of

an extent of Acs.2.00 gts of land, by respondent No.4-Tahsildar,

vide proceedings No.B/1958/2013, dated 10.02.2013, without

conducting any enquiry and without issuing any notice to

interested persons, including the petitioners. Aggrieved by the

3

LNA, J

WP.No.10132 of 2020

same, petitioner Nos.1 and 2 filed an Appeal under Section 5 of the

Telangana Rights in Land and Pattadar Pass Books Act, 1971,

before respondent No.3, who vide proceedings dated 02.03.2019

set aside the mutation sanctioned by respondent No.4 in favour of

respondent No.5 and remanded the matter to respondent No.4 for

de nova enquiry. Aggrieved by the said order, respondent No.5

preferred a Revision before respondent No.2 vide File

No.1083/2019, however, there was no stay, therefore, pursuant to

order, dated 02.03.2019, respondent No.4 proceeded with de nova

enquiry and after considering the material placed on record, he

passed orders on 02.07.2019 by which an extent of Ac.1.10 ½

guntas of land was restored to the share of each of petitioner Nos.1

and 2 and the name of respondent No.5 to an extent of Acs.2.00

has been deleted from his passbook and respondent No.4 further

directed the Village Revenue Officer to make necessary changes in

the ROR records/Pahanies and On-line records and also to indicate

the name of petitioner Nso.1 and 2 in future pahanies under proper

attestation.

3.2. Learned senior counsel further contended that it appears

that the order dated 02.07.2019 passed by respondent No.4-

4

LNA, J

WP.No.10132 of 2020

Tahsildar was not brought to the notice of respondent No.2 during

the pendency of Revision before him, as such, respondent No.2

vide proceedings dated 08.02.2020 set aside the order dated

02.03.2019 of respondent No.3 and remanded the matter to

respondent No.4 for fresh enquiry and to pass appropriate orders.

He further submitted that though respondent No.5 preferred

Revision against the order passed by respondent No.3, no interim

order was granted therein staying the order passed by respondent

No.3, therefore, respondent No.4 acted pursuant to the order

passed by respondent No.3 and passed the impugned order and as

such, the order passed by respondent No.2 in Revision, which is

s