THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION Nos.2752 and 4632 OF 2019

COMMON ORDER:

In both writ petitions, the suit schedule property belongs to an extent of Ac.4-00 guntas in Survey No.360/2 (360/B) situated at Bhimaram Village, Hasanparthy Mandal, Warangal (Urban) District. In view of the same, both the writ petitions are heard together and passed common order by taking W.P.No.2752 of

2019 as leading case.

2. In W.P.No.2752 of 2019 questioning the orders passed by the Joint Collector, Warangal (urban) District at Warangal cancelling the pattadar passbooks and title deeds issued in favour of the petitioners in Revision Petition filed under Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for brevity “the ROR Act, 1971”) vide No.E3/1674/2018, dated 02.02.2019 for the land in Sy.No.360/2 (360/B) to an extent of Ac.4-00 guntas situated at Bhimaram Village, Hasanparthy Mandal, Warangal (Urban) District.

3. In W.P.No.4632 of 2019 questioning the cancellation of GPA and Sale Deed Document No.3655 of 2019, dated 12.02.2019 by the Tahsildar, Hasanparthy Mandal, Warangal (Urban) District in the office of the Joint Registrar, Warangal District.

4. Heard Sri K.Durga Prasad, learned counsel appearing for the petitioners, Ms. S.Sravanthi, learned Assistant Government Pleader for Revenue appearing for the respondents and perused the entire material on record.

5. Learned counsel for the petitioners submits that the petitioners are owners, pattadars and possessors in respect of their land to an extent of Ac.4-00 guntas situated at Bhimaram Village, Hasanparthy Mandal, Warangal (Urban) District purchased from their vendors through Sale Deed bearing Doc.No.5566/2007, dated 20.09.2007 on the file of Sub-Registrar, Warangal (Rural). Thereafter, the petitioners approached the respondent authorities and the Tahsildar, Hasanparthy Mandal has mutated the records and issued pattadar passbooks and title deeds in Khata No.1286 and 1287 respectively to the petitioners. At the time of mutation, the respondents not mutated the records and the petitioners approached this Court and filed W.P.No.3686 of 2012. Before mutating the land records, the Revenue Divisonal Officer, Warangal addressed letter to the Tahsildar, Hasanparthy in proceedings Rc.No.F/197/2016, dated 01.09.2016 directing the Tahsildar to take necessary action for mutation of land in Sy.No.360/B or 360/2 admeasuring Ac.4-00 guntas to the petitioners as per the provisions of the ROR, Act. Subsequently, the Joint Collector taken Suo motu revision under ROR Act for cancellation of the title deeds and pattadar passbooks in favour of the petitioners granted for the land to an extent of Ac.4-00 guntas situated in Sy.No.360/B or 360/2. The said order is impugned in the writ petition.

6. Learned counsel for the petitioners further submits that the total extent of land in Sy.No.360, sitiated at Bhimaram Village, Hasanparthy Mandal is Ac.16-23 guntas. The said land was bifurcated into three bits as Sy.Nos.360/A, 360/B and 360/C. As per the inspection of Deputy Inspector of Survey, Warangal Division, the spot possession in Sy.No.360/A shown in the subdivision location sketch as 360/1 to an extent of Ac.5-21 guntas is under possession of Smt. Namindla Suguna and others whose names are in the Pahani for Sy.No.360/A. In Sy.No.360/B shown in the subdivision location sketch as Sy.No.360/2 to an extent of Ac.5-21 guntas out of this area Ac.4-00 guntas is under possession of the petitioners and the remaining part of area Ac.1-21 guntas are in favour of the pattadar. The Sy.No 360/C shown in the subdivision location sketch as Sy.No.360/3 to an extent of Ac.5-21 guntas and out of this area to an extent of Ac.5-03 guntas were acquired for house sites to the landless poor, but not impleaded in the pahani as Government land and the Land Acquisition Officer/ Tahsildar, Warangal (Rural) vide Award proceedings Rc.No.LA/H-2062/192, dated 14.06.1983, for an extent of Ac.5-03 guntas out of Ac.5-21 guntas in Sy