THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION NO.14369 OF 2019

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4 and the learned Senior counsel appearing for respondent No.5.

2. Learned counsel for the petitioner submits that originally the husband of the petitioner namely Sri.Lingala Lingam was the owner and possessor of the agricultural land admeasuring Ac.7-03 guntas i.e., Ac.1-04 ½ in Sy.No.375, Ac.1-05 in Sy.No.376, Ac.0-25 in Sy.No.395, Ac.1-17 ½ in Sy.No.397, Ac.0-02 ¼ in Sy.No.399, Ac.1-10 in Sy.No.401, Ac.1-07 ¾ in Sy.No.402 and Ac.0-08 in Sy.No.403, situated at Kondamadugu Village of Bibinagar Mandal, Nalgonda District (hereinafter referred to ‘subject property’). The husband of the petitioner died on 25-09-1995 and after his death petitioner made application and requested respondent No.4 to mutate her name in the revenue records and after following due procedure, respondent No.4 vide proceeding bearing No.B/500/2013 dated 22.05.2013, mutated petitioner’s name in the revenue records and thereafter, pattedar pass book and title deed were issued in favour of the petitioner and the petitioner was in peaceful possession of the subject property.

3. Learned counsel for the petitioner would further submit that respondent No.5 through registered sale deed bearing document No.7606 of 1998 dated 06.10.1997, is claiming to have purchased the subject property from GPA holder of the husband of the petitioner i.e., Sri.N.Ranga Rao and challenging the proceeding bearing No.B/500/2013 dated 22.05.2013, respondent No.5 preferred appeal bearing Case No.D/3714/2013 and the respondent No.3 vide order dated 19.05.2016 had allowed the appeal by setting aside the proceeding bearing No.B/500/2013, dated 22.05.2013 issued by Thasildar, Bibinagar and consequently cancelled the Pattedar Pass Book, Title Deed and entries in revenue records pertaining to the subject land and further advised the parties to approach competent Civil court for redressal of their issue.

4. Learned counsel for the petitioner further submits that the petitioner was unaware of the GPA bearing document No.148/BKIV/1992 dated 29.12.1992, registered by her husband, in favour of Sri.N.Ranga Rao and only on receipt of grounds of appeal, petitioner came to know about the registered GPA dated 29.12.1992. The petitioner’s husband died on 25.09.1995 and Sri.N.Ranga Rao has executed the sale deed in favour of respondent No.5 on 06.10.1997 and the said action is against the Section 201 of Law of Contracts, which states that ‘an agency is terminated on the death of either Principal or his agent.’ Thus, the petitioner had filed revision in case No.F2/5775/2016 and the respondent No.2 vide order dated 30.04.2019, stated that the revisional authority is not competent to decide the title and dismissed the revision petition.

Aggrieved by the same, this writ petition is filed.

5. Learned counsel for the petitioner further submits that the action of the respondent No.3 in setting aside the proceeding bearing No.B/500/2013, dated 22.05.2013 in appeal No.D/3714/2013 and the action of respondent No.2 in dismissing the revision petition bearing No.F2/5775/2016 is illegal, arbitrary and contrary to Section 201 of Law of Contracts. Therefore, learned counsel for the petitioner requested to allow the writ petition by setting aside the order dated 19.05.2016 passed in appeal No.D/3714/2013 and order dated 30.04.2019 in revision petition bearing No.F2/5775/2016.

6. Learned Senior Counsel appearing for respondent No.5 submits that the respondent No.5 had purchased the subject property from Sri.N.Ranga Rao vide registered document bearing No.7606 of 1998 dated 06.10.1997 and the petitioner by suppressing the sale of subject property by her husband got mutated her name in the revenue records and challenging the same, respondent No.5 filed appeal bearing No.D/3714/2013 and the respondent No.3 vide order dated 19.05.