THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.22390 of 2020

ORDER:

Heard Sri K.Venkatesh, learned Senior Counsel representing the learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration and learned Assistant Government Pleader for Revenue appearing for the respondents and perused the material on record.

2. Learned Senior Counsel for the petitioners submits that the petitioners jointly purchased the agricultural land admeasuring to an extent of Ac.5.34 guntas in Sy.No.117 situated at Sulthanpally Village, Shamshabad Mandal, Rangareddy District from Sri Yelkacherla Narsimha Reddy through Registered Sale Deed No.7313 of 2006 dated 29.05.2006 and after purchasing the same, the petitioners has submitted an application in Form VI-A to the respondent No.4 for mutation of their names in Revenue Records. As the respondent No.4 has not taken any steps, the petitioners have filed W.P.No.17049 of 2008 before this Court for mutation of their names in revenue records. At that time, the respondent No.4-Tahsildar has : :2::

produced a memo dated 18.10.2006, stating that the subject lands are Government lands and basing on the same, this Court by orders dated 08.08.2008 has dismissed the said writ petition by granting liberty to the petitioners to challenge the said memo dated 18.10.2006 issued by the respondent No.4 therein under the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971. Challenging the said memo, the petitioners filed an appeal No.C/4963/2008, dated 06.10.2008 under section 5(5) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 before the respondent No.3 and the respondent No.3vide orders dated 03.11.2012, set aside the said memo dated 18.10.2006 and remanded back the matter to the respondent No.4 to take up enquiry afresh into the claim of the petitioners.

3. Learned Senior Counsel for the petitioners submits that in spite of receipt of the orders from the respondent No.3, the respondent No.4 without disposing the said application has sent a list of properties under Section 22-A of Registration Act to the respondent No.5 declaring that the Sy.No.117 is an assigned land at Sl.No.16 of said notification prohibiting the registration of the subject land.

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Aggrieved by the same, the petitioner has filed W.P.No.28363 of 2013 before this Court and by an order dated 11.11.2013, this Court disposed of the said writ petition by declaring the notification issued under Section 22-A of the Registration Act in so far as the inclusion of the subject lands in the prohibitory list as illegal and directed the Recording Authority to mutate and issue the pattadar pass books and title deeds to the petitioners. As no appeal has been preferred by the respondents therein, the said order has attained its finality. He further submits that as the respondent No.4 has failed to implement the orders dated 11.11.2013 passed by this Court, the petitioners filed C.C.No.1856 of 2014 seeking to punish the respondents therein for disobedience of the orders of this Court. After receipt of the notice in the said contempt petition, the respondent No.4 has passed an order by rejecting the mutation application of the petitioners stating that the subject lands are Government lands. Thereafter, when this Court has issued a notice to the Tahsildar for his appearance, the Tahsildar has passed orders in Procs.No.B/1/2013, dated 27.01.2015 by mutating the names of the petitioners and issued Pattadar Pass Books : :4::

and title deeds to them and this Court has closed the aforesaid contempt case by order dated 30.01.2015.

4. Learned Senior Counsel for the petitioners further submits that the respondent No.4 herein had once again refused to issue the Pattadar Pass Books stating that the subject lands are Government lands and sent the same to respondent No.2 for clarification. Thereafter, the petitioners has submitted a representation dated 21.12.2019 to the respondent No.2 requesti