THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.17657 OF 2020

ORDER:

The writ petition is filed by the petitioner challenging the order of respondent No.1 - the Additional Collector and Joint Collector, Jagital District, in Revision Petition No.D1/876/2019 dated 29.08.2020 confirming the order passed by respondent No.2 - the Revenue Divisional Officer, Jagital District, in Case Nos.B/11919/2017, B/1195/2017, B/1196/2017, B/1235/2017 dated 18.06.2019, and the order of respondent No.3 - the Tahsildar, Pegadapalli Village and Mandal, Jagital District, in Case Nos.B/1235/2017, B/251/2017 dated 25.04.2017, B/242/2017 dated 25.04.2017, Proceeding No.SB/KA/JG/PG/2016/170667 dated 30.04.2017, as being illegal and arbitrary.

2. Heard Mr. E. Madhan Mohan Rao, learned senior counsel, appearing for Mr. Venugopal Julakanthi, learned counsel for the petitioner, Mr. K. Muralidhar Reddy, learned Government Pleader for Revenue, appearing for respondent Nos.1 to 3 and, Mr. B. Mayur Reddy, learned senior counsel, appearing for Mr. M. Yadagiri, learned counsel for respondent Nos.4 to 6, and perused the material on record.

3. The claim of the petitioner is that he owns land admeasuring Acs.4-19 guntas in Survey No.276, Acs.3-14 guntas in Survey No.16, Acs.5-19 guntas in Survey No.313, Acs.0-03 guntas in Survey No.3, Acs.0-39 guntas in Survey No.19, Acs.0-16 guntas in Survey No.17, Ac.0-33 guntas in Survey No.294, Acs.1-03 guntas in Survey No.295, Acs.3-04 guntas in Survey No.296, Acs.5-28 guntas in Survey No.302 and Acs.2-13 guntas in Survey No.314 of Vengalaipet Village, Pegadapalli Mandal, Jagital District, having inherited from Mr. Gurijala Mallaiah, who is the maternal grandfather (Sic. Maternal granduncle) of the petitioner. As Mr. Gurijala Mallaiah had no children, he adopted petitioner. After the death of Mr. Gurijala Mallaiah, the name of the petitioner was recorded in revenue records, Pahanies and 1B - Register as pattadar and possessor of the subject land in the year 1975-76, and the same continued till 2015-16.

4. It is submitted that respondent No.3 passed order dated 25.04.2017 and 30.04.2017 mutating the names of respondent Nos.4 to 6 in respect of the subject land without issuing any notice to the petitioner and contrary to the Section 5(3) of the Telangana Rights in Land and Pattadar Pass Books Act 1971 (for short ‘ROR Act 1971’); the respondent No.5 made application on 15.04.2017 to respondent No.3, who passed the order in Proceedings No.B/242/2017 dated 25.04.2017 within ten (10) days. Respondent No.4 also made an application dated 17.04.2017 to respondent No.3 without mentioning the particulars of the property for which corrections are sought to be made; however, respondent No.3 issued notice to the public for enquiry and passed order in Proceedings No.B/251/2017 dated 25.04.2017, without issuing any notice to the petitioner, and contrary to the Rule 9(1)(a)(iv) of the Telangana Rights in Land and Pattadar Pass Book Rules 1989 (for short ‘ROR Rules 1989’).

5. It is submitted that respondent No.3 has passed order in Proceedings No.SB/KA/JG/PG/2016/170667 dated 30.04.2017 in respect of the land admeasuring Acs.1-37 guntas in Survey No.314 without issuing any notice, incorporating the name of respondent No.6 basing up on a sada bainama alleged to have executed by respondent No.4. Further, respondent No.3 also incorporated the name of respondent No.4 in respect of the land admeasuring Acs.4-19 guntas in Survey No.276 in the revenue records without issuing notice to the petitioner.

6. It is submitted that the four (4) appeals preferred by the petitioner in Case Nos.B/11919/2017, B/1195/2017, B/1196/2017 and B/1235/2017, challenging the mutation made in favour of respondent Nos.4 to 6 before respondent No.2, were dismissed by respondent No.2 by the common order dated 18.06.2019. The contention of the petitioner before respondent No.2 was that the impugned orders were passed without issuing notice to them. Respondent Nos.4 an