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2025 Supreme(Online)(Tel) 34699

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
Khadkekar Ramesh (Died) – Appellant
Versus
The State of Telangana – Respondent
WP 37406/2025



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.37406 of 2025 Date: 05.12.2025 Between:

Khadkekar Ramesh (died) per L.R.s K.Madhava Rani and three others ..Petitioners And The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and six others ..Respondents

ORDER

This Writ Petition is filed seeking the following relief:-

“…to issue a writ, order or direction preferably in the nature of Writ of Mandamus and quash the order, dated 08.02.2021 passed by respondent No.2 in TS/05/1425/2021 (Case No.D5/470/2016) by declaring the said order as void ab initio, having been passed against a deceased person without giving opportunity to implead his legal representatives, in respect of the appeal pertaining to issue pattadar passbook by mutating the name of K.Ramesh as pattadar/title holder in respect of land bearing Sy.No.873/2/AA admeasuring to an extent of Ac.1.00 guntas situated at Kadthal Village, Amangal Mandal, Ranga Reddy District and consequently set aside the impugned order and direct respondent Nos.1 to 5 to mutate the names of petitioner Nos.2 to 5, being the legal heirs of late Khadkekar Ramesh, in the revenue records pertaining to subject land and to issue pattadar passbooks and title deeds in their favour by following the procedure established by law…”

2. Heard Sri Balakrishna Mandapati, learned counsel for the petitioners and Sri K.Mahesh, learned Assistant Government Pleader for Revenue appearing for the official respondents and with their consent, this Writ Petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioners would submit that the petitioners are the legal heirs of one Kadkekar Ramesh, who was the absolute owner and possessor of the land admeasuring Ac.1.00 guntas in Sy.No.873/2/AA of Kadthal Village, Amangal Mandal, Ranga Reddy District, having purchased the same through un-registered sale deed, dated 15.03.1999. Learned counsel for the petitioners would further submit that the said unregistered sale deed, dated 15.03.1999, was validated by the District Registrar, Mahbubnagar vide proceedings bearing No.1380/2005, dated 10.07.2006. Learned counsel for the petitioners would further submit that, as the name of the petitioners’ father was not incorporated in the revenue records and instead, the names of respondent Nos.6 and 7 were incorporated in the revenue records vide proceedings No.B.7/896/2006, dated 18.03.2006 and pattadar passbooks were issued in their favour, the petitioners’ father filed an appeal before the Joint Collector, Ranga Reddy District vide Case No.D5/4701/2016. It is further stated that after the death of petitioners’ father on 05.06.2020, respondent No.2 passed the impugned order 08.02.2021 rejecting the appeal on the ground that the revenue authorities cannot adjudicate third party interests where multiple transactions were involved. Learned counsel for the petitioners would submit that the impugned order was passed on 08.02.2021 against the deceased person without giving an opportunity to the legal representatives of the deceased to come on record and hence, vitiated the proceedings. Learned counsel for the petitioners would further submit that the petitioners have filed a Review Petition before respondent No.2 to rectify the anomaly of passing the impugned order i.e., to give an opportunity to bring the legal representatives of the deceased on record. The grievance of the petitioners is that respondent No.2 did not pass any order on the review application. Therefore, learned counsel for the petitioners prays this Court to pass appropriate orders.

4. Sri K.Mahesh, learned Assistant Government Pleader for Revenue appearing for the official respondents, would also concede to the submissions made by the learned counsel for the petitioners and since the impugned order was passed against the dead person, the same is illegal and he would also pray this

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