IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA,THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR
Salla Chandra Reddy – Appellant
Versus
The State of Telangana – Respondent
WP 7272/2019
THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITION Nos.7272 and 21577 of 2019 COMMON ORDER: (per Hon’ble Justice Gadi Praveen Kumar
1. Since the issues raised in both the Writ Petitions arise out of the very same impugned proceeding Rc.No.B/145/2018 dated 20.02.2018, they are taken up together and are being disposed of by this common order.
2. The Writ Petitions, W.P.No.7272 of 2019 and W.P.No.21577 of 2019, are filed challenging the Proceedings Rc.No.B/145/2018 dated 20.02.2018 issued by the Revenue Divisional Officer (Respondent No.3/ “RDO”), by which the RDO directed the Tahsildar, Uppal Mandal (Respondent No.4), to mutate the names of respondent Nos.5 to 7 in the ‘occupation column’ in respect of lands admeasuring Ac.1-31 gts. in Sy.No.34; Ac.1-24 gtsin Sy. No.35; Ac.1-36 gts. in Sy. No.36; Ac.2-17 gts. in Sy. No.37 and Ac.2-23 gts. in Sy.No.39, situated at UppalKalsa Village, Uppal Mandal, Medchal–Malkajgiri District (erstwhile Ranga Reddy District).
3. We have elaborately heard Sri V.Ravinder Rao, learned Senior Counsel for Sri S.Vamshi Krishna, learned counsel for the petitioner inW.P.No.7272 of 2019, Sri Vivek Jain, learned senior counsel appearing for the petitioners in W.P.No.21577 of 2019, Sri B.Mayur Reddy, learned Senior Counsel representing Sri AtlaAbhinandhan Reddy, learned counsel appearing for respondent Nos.5 to 7 in both the Writ Petitions, Sri KohirBhaskar Reddy, learned counsel for respondent No.12 in W.P.No.21577 of 2019, Sri Md.Arshad Ahmed, learned counsel appearing for respondent No.13 in W.P.No.21577 of 2019 and Sri Dara Haritha Kiran, learned Assistant Government Pleader for Revenue in both the Writ Petitions.
4. The dispute concerns agricultural lands comprised in several survey numbers in UppalKalsa (Kalasa) Village, Uppal Mandal, Medchal– Malkajgiri District (erstwhile Ranga Reddy District). The controversy between the parties has been the subject of prolonged litigation before various fora.
5. The Petitioner in W.P.No.7272 of 2019, Mr. Salla Chandra Reddy, claims to be the owner and possessor of Acs.15-23 Gts. in Sy.Nos.34, 35, 36, 37, 39, 43, 44, 794 & 795, relying upon alleged Agreements of Sale dated 10-04-1971 and 12-04-1971 together with a compromise decree dated 13-08-1990 passed in I.A.No.887 of 1990 in O.S.No.231 of 1987 by the learned Additional Subordinate Judge, Ranga Reddy District. By virtue of the compromise decree dated 13-08-1990, the Petitioner claims title and possession to Acs.15-23 Gts.
6. The Petitioners in W.P.No.21577 of 2019 claim to be owners and possessors of another extent of Acs.15-23 Gts. in the same survey numbers, having succeeded to the lands from their ancestor, Late Sri Raja Malla Reddy, who purchased the lands by a registered sale deed.
7. Respondent Nos.5 to 7 asserts that originally Smt. Ashrafunnisa Begum was the pattadar and possessor of Acs.31.06 Gts. in the survey numbers in question. She sold the lands by a registered sale deed dated 20th Sherhwar 1354 Fasli (1944) to Sri Rokat Raman and Sri Venkat Reddy, who in turn sold the entire land by registered deed (Doc.No.195 of 1356 Fasli dated 10th 1356 Fasli (1946)) in favour of (i) Sri Raja Reddy, (ii) Sri Raj Malla Reddy (ancestor of Petitioners in W.P.No.21577 of 2019)
and (iii) Sri Matham Lingaiah (father of Respondent Nos.5 to 7), jointly.
8. Thereafter, Sri Raja Reddy sold his share (approximately Acs.10-00 Gts.) to late Sri Matham Lingaiah and Sri Raj Malla Reddy. Consequently, Matham Lingaiah became the owner and possessor of approximately Acs.15-03 Gts.
9. Matham Lingaiah died in 1970, leaving his wives, Smt. Matham Laxmamma and Smt. MathamNarsamma. Smt. Matham Laxmamma died issueless in 1994; thereafter, Smt. Matham Narsamma became the absolute owner and possessor and died in 2002, leaving Respondent Nos.5 to 7 as her legal heirs. Consequently, Respondent Nos.5 to 7 succeeded to approximately Acs.15-03 Gts. and claim to be absolute owners and possessors of that
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