THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

This writ petition is filed questioning the order passed by the respondent No.2 in Revision Petition No.E5/1009/2014 dated 21.03.2017 in upholding the order passed by the respondent No.3 in Appeal No.A/4042/2010 dated 18.02.2014 as illegal and arbitrary.

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and Sri G.L.Narasimha Rao, learned counsel for the respondent No.5. 3. Learned Counsel for the petitioner submits that the petitioner is absolute owner and possessor of the agricultural land admeasuring to an extent of Ac.1-00 in Sy.No.273/A situated at Somidi Village, Kazipet Mandal, Warangal District, having purchased the same through simple sale deed dated 14.06.1994 from one Paladugula Cheralu for valid sale consideration. After purchase, the name of the petitioner was mutated in the revenue records and pattadar passbook and title deed were issued in his favour by the respondent No.4 and since the date of purchase, he is cultivating the said land without any interruption. While so, the respondent No.5 has filed application before the respondent No.3-Revenue Divisional Officer, Warangal, for cancellation of pattadar passbook and title deed issued to the petitioner. He submits that though the respondent No.4, after conducting enquiry has submitted a report stating that the petitioner has purchased the subject land from Paladugula Cheralu, who is the pattadar of the said land, the respondent No.3 ordered for cancellation of pattadar passbook and title deed issued in favour of the petitioner vide proceedings No.A/4042/2010 dated 18.02.2014 on the ground that the subject land is not agricultural land. Questioning the same, the petitioner has filed a revision petition before the respondent No.2 and the same was disposed of by upholding the order passed by the respondent No.3 vide Revision Petition No.E5/1009/2014 dated 21.03.2017.

4. Learned Counsel for the petitioner further submits that the respondent Nos.2 and 3 ought to have seen that the respondent No.4, after conducting due enquiry under the provisions of Telangana Rights in Land and Pattadar Passbooks Act, 1971, has issued pattadar passbook and title deed in favour of the petitioner in respect of the subject land. He further submits that the respondent No.2 ought to have seen that there are no residential houses existing in the subject property either physically or in the revenue records and the subject land is agricultural land and the respondent Nos.2 and 3 have erroneously passed the impugned orders and requested to allow the writ petition by setting aside the impugned orders.

5. At the time of admission, this Court granted interim order of status quo as regards entries in 1-B register as on date pending further orders. In spite of lapse of more than seven (7) years, the official respondents or unofficial respondent did not choose to file counter or vacate petition denying the averments made in the petition. In spite of several adjournments for filing counter, the respondents have failed to file counter and finally on 26.03.2025, this Court has forfeited the right of filing counter by the respondents.

6. Learned Assistant Government Pleader for Revenue submits that as the respondent No.4-Tahsildar has not regularized the unregistered sale deed executed by the person who is not a pattadar and the land is not agricultural land, the respondent No.2 has passed the impugned order cancelling the pattadar pass book and title deed in favour of the petitioner and the same was upheld by the respondent No.3 by the impugned order and there is no need to interfere with by this Court and requested to dismiss the writ petition.

7. Learned Counsel for the respondent No.5 submits that as the subject land is not agricultural land, the official respondents have rightly passed the impugned orders and requested to dismiss the writ petition.

8. After hearing both sides and perusal of the record, this Court is