THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.19049 of 2021

ORDER:

Heard Sri Mamidi Venumadhav, learned counsel appearing for the petitioners, Smt S.Sravanthi, learned Assistant Government Pleader for Revenue for the official respondent Nos.1 to 3, and Sri K.Pradeep Reddy, learned counsel for the unofficial respondent No.4 and perused the entire material on record.

2. Learned counsel for the petitioners submits that the petitioners jointly purchased an agricultural land admeasuring Ac.1.00 guntas in Sy.Nos.475, 476, 478, 483 situated at Chityal Village and Mandal, Nalgonda District from the respondent No.5, through a Registered Sale Deed vide Doc.No.5874/2017, dated 28.06.2017, at the office of the Joint Sub-Registrar, Nalgonda and thereafter they divided the land into two equal shares i.e. 20 guntas to each and obtained separate Pattadar Pass Books and Title Deeds in their favour vide Proceeding No.B/1439/2017, dated 26.09.2019 from the respondent No.3. While it being so, when the respondent Nos.4 and 5 tried to create some problems, the petitioners filed O.S.No.18 of 2020 on the file of the Senior Civil Judge, Nalgonda, seeking for perpetual injunction against the un-official respondents, wherein the Trial Court granted ad-interim injunction vide I.A.No.118 of 2020 dated 30.01.2020. Thereafter, the un-official respondents have approached the revenue authorities and are trying to cancel the mutation in favour of the petitioners.

3. Learned counsel for the petitioners submits that originally one Maddi Laxma Reddy was the owner and pattadar of the agricultural land to an extent of Ac.7.04 guntas situated in Sy.Nos.475, 476, 478, 483 at Chityal Village. After demise of the said Maddi Laxma Reddy and through the family arrangement, the land devolved in favour of his wife, daughter and grand-daughter, by virtue of which, the Smt.Maddi Dhanamma, W/o Maddi Laxma Reddy got Ac.2.15 guntas, Smt. Ramidi Yadamma (respondent No.4) D/o of Maddi Laxma Reddy got Ac.2.15 guntas and Smt. Varakantham Anitha (respondent No.5), granddaughter of Maddi Laxma Reddy got Ac.2.14 guntas out of Ac.7.04 guntas and the same was also entered into the Pahani pertaining to the year 1993-94. Subsequently, the Tahsildar, Chityala Mandal issued proceeding No.B/1022/2014 dated 04.05.2014 and by virtue of Fouthi their names were reflected in the Revenue Records. After the demise of Smt. Maddi Dhanamma, land to an extent of Ac.2.15 guntas was mutated in the name of the respondent No.5, due to which total share of the land belongs to the respondent No.5 is become as Ac.4.29 guntas.

4. Learned counsel for the petitioners submits that the respondent No.5 has sold land to an extent of Ac.1.00 guntas out of Ac.4.29 guntas to the petitioners vide Registered Sale Deed No.5874/2017, dated 28.06.2017 and subsequently the names of the petitioners were mutated in the revenue records and pattadar Pass Book as well as Titled Deeds were also issued in their favour by the Tahsildar, Chityal Mandal. Since the date of purchase, the petitioners were in peaceful possession and enjoyment of the subject land. Thereafter, the respondent No.4 in collusion with the respondent No.5, raised a dispute before the Tahsildar, Chityal Mandal, seeking inquiry. Subsequently, the Tahsildar, vide Memo No.B/1022/2014, dated 04.05.2014, conducted an inquiry and stated that the subject land was acquired by the respondent No.5 from her grand-mother late Smt.Maddi Dhanamma vide Proc.No.B/1022/2014 dated 04.05.2014 and directed the respondent No.4 that if at all she is not satisfied by the Memo dated 04.05.2014 issued by the Tahsildar, she is at liberty to file an appeal before the Revenue Divisional Officer, Nalgonda. Subsequently, the respondent No.4 filed an appeal vide No.B/2706/2019, before the RDO, Nalgonda, under Section 5B of the Telangana Rights in Land and Pattadar Pass Book Act, 1972, seeking to cancel the mutation proceedings dated 26.09.2017, issued in favour of the petitioners. Therea