THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.36476 OF 2017

ORDER:

1. This writ is filed questioning the proceedings No.B/2148/2010 dated 26.04.2011 issued by the respondent No.2, whereby it was directed the Village Revenue Officer, Kachireddypalli, to record the names of unofficial respondent Nos.3 and 4 in the Revenue Records in respect of land admeasuring to an extent of Ac.1.27 guntas, in Sy.No.65/A of Kachireddypally Village, Gangadharam Mandal, Karimnagar District, without issuing any notice to the petitoner and sought a direction to the official respondents to set aside the impugned proceedings.

2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and the learned Senior Counsel appearing for the respondent Nos.3 and 4 and perused the record.

3. The learned Counsel for the petitioner would submit that the petitioner is the owner and possessor of the land admeasuring to an extent of Ac.1.27 guntas in Sy.No.65/A, situated at Kachireddypally Village, Gangadharam Mandal, Karimnagar District (hereinafter referred to as ‘subject land’) and the name of the petitioner was mutated in the revenue record and Pattadar Pass book and title deed were also issued to him vide Passbook No.433220 and Title Deed No.436. While it being so, when the family Members of the unofficial respondent Nos.3 and 4 started interfering with the possession of the petitioner over the subject land, the petitioner filed a suit in O.S.No.99 of 2011 on the file of Junior Civil Judge, Vemulawada against them, in which the respondent Nos.3 and 4 have also filed their written statement. When the said suit came for hearing, the respondent No.3 and 4 have produced impugned Proc.No.B/2148/2010 dated 26.04.2011 passed the respondent No.2, basing on the joint application made by the respondent No.3 and 4 dated 11.10.2010, by which the names of the husbands of the respondent Nos.3 and 4 were directed to be recorded in place of the petitioner. The said proceedings were issued without issuing any notice to the petitioner or his brothers.

4. The learned Counsel for the petitioner would submit that in the impugned proceedings it is stated that the respondent Nos.3 and 4 are in possession of the subject land. As a matter of fact the petitioner is in possession of the subject land. The impugned proceedings does not contain the manner in which the respondent Nos.3 and 4 acquired the subject land and therefore requested to allow the writ petition by setting aside the impugned proceedings.

5. The learned Senior Counsel appearing for the Counsel for the respondent Nos.3 and 4, basing on the counter, would submit that in the year, 1964 the father of the respondent No.3 namely Abdul Khader and his brother late Azaruddin @ Nazeeruddin, husband of the respondent No.3, have jointly purchased the land admeasuring to an extent of Ac.3.00 guntas in Sy.No.65/AA, situated at Kachireddypally Village, Gangadhara Mandal, Karimnagar District from one Dasthagiri though an unregistered sale deed and since the date of the purchase Abdul Khader and Azaruddin were in possession. During their life time, the said Abdul Khader and Azaruddin have submitted the said simple sale deed before the Revenue authorities and after conducting enquiry the revenue authorities have issued Form No.1 and 1-B in favour Sharfoddin Mohammed S/o. Abdul Khader and Azaruddin to an extent of Ac.1.10 guntas each and both of them are in joint and continuous possession of the said land. Subsequently the said Sharfoddin and Azaruddin have died, leaving behind the respondent Nos.3 and 4 as their legal heirs.

6. The learned Senior Counsel for the respondent Nos.3 and 4 would further submit that in the year, 2011 when the respondent Nos.3 and 4 have noticed wrong entries, they have filed application on 11.10.2010 before the revenue authorities and after conducting detailed enquiry the revenue authorities have passed orders on 26.04.2011 directing the Village Revenue Officer to co