IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K. SARATH
Sri Rama Prabhakar – Appellant
Versus
The State of Telangana – Respondent
WP 9064/2019
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****
WRIT PETITION Nos.9064 and 9093 of 2019 W.P.No.9064 of 2019 Between:
1. Sri Rama Prabhakar and others.
…Petitioners AND
1. State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
…Respondents W.P.No.9093 of 2019 Between:
1. Sri Kuntu Musli Marilingappa and others.
…Petitioners AND
1. State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
…Respondents JUDGMENT PRONOUNCED ON: 21.04.2024 SUBMITTED FOR APPROVAL:
THE HON’BLE SRI JUSTICE K.SARATH
1. Whether Reporters of Local : Yes/No newspapers may be allowed to see the Judgment ?
2. Whether the copies of judgment : Yes/No may be marked to Law Reports/Journals
3. Whether Their Lordship/Ladyship : Yes/No wish to see the fair copy of judgment _____________________ JUSTICE K.SARATH THE HON’BLE SRI JUSTICE K.SARATH + WRIT PETITION Nos.9064 and 9093 of 2019 %Dated 21.04.2025 # W.P.No.9064 of 2019 Between:
1.Sri Rama Prabhakar and others.
…Petitioners AND
1. State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
…Respondents W.P.No.9093 of 2019 Between:
1. Sri Kuntu Musli Marilingappa and others.
…Petitioners AND
1.State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
…Respondents ! Counsel for Petitioners : Sri P. Soma Sekhara Naidu.
^ Counsel for Respondents :Assistant Government Pleader for Revenue.
Sri A. Venkatesh, learned Senior Counsel. < GIST :
> HEAD NOTE :
? Cases referred :
1 (1978)1 SCC 405 2 (2015) 3 SCC 695 3 (2005) 7 SCC 627 4 (2015) 4 ALD 248 5 (2009) 4 ALT 593 6 (2005) 6 SCC 149
7 2002 SCC OnLine AP 536 8 2006 SCC OnLine AP 177
9 (2009) 11 SCC 18 10(2008) 1 ALD 836
THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION Nos.9064 and 9093 of 2019
COMMON ORDER:
Since both these writ petitions are filed questioning the order passed by the respondent No.3- Joint Collector in Revision Case No.D1/87/205 dated 16.02.2019, they are being disposed of by this common order.
2. Heard learned counsel for the petitioners in both the writ petitions, learned Assistant Government Pleader for Revenue and learned Senior Counsel for the respondent No.6 and perused the material on record.
3. Learned Counsel for the petitioners submits that in W.P.No.9064 of 2019, the petitioner No.1 has purchased the land admeasuring to an extent of Ac.7-10 gts in Sy.No.8/A and 8/AA through registered sale deed document No.683/1997 dated 12.06.1997, the petitioner No.2 has purchased the land admeasuring to an extent of Ac.7-06 gts in Sy.No.126 through registered sale deed document No.638/1995 dated 28.03.1995, Ac.2-04 gts in Sy.No.122 and Ac.1-30 gts in Sy.No.123 through registered sale deed document No.637/1995 dated 28.03.1995 and the petitioner No.3 has purchased the land admeasuring to a total extent of Ac.15.26 gts in Sy.No.125 through registered sale deed document No.639/1995 dated 28.03.1995 and the petitioners have purchased the properties from the respondent No.7 herein i.e, Sri Doshi Ravindra Chary, and the said lands are situated in Kusumurthy Village, Krishna Mandal, Mahabubnagar District and their names were mutated in the revenue records and pattadar passbooks were also issued in their favour and since then, they are in peaceful possession and enjoyment of those lands for more than 30 years.
4. Learned Counsel for the petitioners submits that in W.P.No.9093 of 2019, the grandfather of the petitoner No.1 and great grandfather of the petitoner Nos.2 to 5 i.e. late Sayanna was the protected tenant of land admeasuring to an extent of Ac.12.26 gts in Sy.No.142 situated at Kusumurthy Village and a certificate of ownership was issued by the competent authority under Section 38-E of Andhra Pradesh (Telangana Area) Tenancy and Agriculture Lands Act, 1950 vide File No.E/1513/75. After the death of said Sayanna, his sons had inherited the said property and thereafter the pet
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