THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.30636 OF 2023

ORDER:

This writ petition is filed seeking the following relief: “….to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari call for recording pertaining to the proceedings No.E3/Spl Tribunal /547 /2021 Old File No.A/6909/2013 dated 03.07.2021 of the 2^nd respondent in rejecting rectification of extent and issuing e-Pattadar Pass book in favour of the petitioner the land an extent of Ac.3.00 in Sy.No.1475 situated at Madikonda Village, Kazipet Mandal, Hanamakonda District is illegal, arbitrary, violation of the principles of natural justice contrary to the provisions of Telangana State Rights in Land and Pattadar Pass Book Act, 1971 (Act 9 of 2020) and as well as the violation of the fundamental rights guaranteed under the Constitution of India set aside the same consequently direct the 2ndrespondent to rectify an extent of land an extent of Ac.2.10 guntas to Ac.3.00 and issue E-Pattadar Pass Book in the name of the petitioner for the above said land...”

2. It is the case of the petitioner that her late husband purchased land to an extent of Ac.3.00 guntas in Sy.No.1475 situated at Madikonda Village, Kazipet Mandal, Hanamakonda District, under registered sale deed dated 08.05.2008 and his name was mutated in the revenue records and he was also issued pattadar passbook and title deed as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short “ROR Act, 1971”) and since the date of purchase, her husband was in possession of the said property. It is further case of the petitioner that when respondent Nos.5 and 6 tried to interfere with the peaceful possession and enjoyment of the subject property, her husband instituted a suit vide O.S.No.788 of 2009 on the file of II Additional Junior Civil Judge at Warangal and the said Court vide order dated 18.09.2009 granted interim injunction restraining the respondents therein from interfering with the subject property and the said order is subsisting as on date. It is also case of the petitioner that the respondent Nos.5 and 6 in connivance with the revenue officials, obtained mutation proceedings in File No.A/640/2008 in respect of subject property and also pattadar passbooks in their favour and challenging the same, the petitioner along with others, filed an appeal under Section 5(B) of ROR Act, 1971, and pending adjudication of the said appeal, the Government has repealed ROR Act, 1971 and enacted new Act called as “the Telangana Rights in Land and Pattadar Pass Books Act, 2020” (for short ‘ROR Act, 2020’) and all the cases pending before the revenue authorities under the ROR Act, 1971 were transferred to the Special Tribunal, and the said case was disposed of vide order dated 03.07.2021 in Pro.No.E3/Spl. Tribunal/547/2021-Old File No.A/6909/2013 relegating the parties to pursue their remedies in the pending suit. Hence the writ petition.

3. Considered the submissions of the learned counsel for the respective parties and perused the record.

4. Learned counsel for the petitioner submitted that petitioner’s husband purchased the subject property under registered sale deed and his name was mutated in the revenue records and he was also issued pattadar passbook and title deed under the provisions of ROR Act, 1971. It is further submitted that without issuing any notice to the petitioner’s husband or the petitioner, the respondent Nos.5 and 6 in connivance with the revenue officials obtained mutation proceedings in File No.A/640/2008 in respect of the subject property, which is in violation of the law laid down by this Court in Chinnam Pandurangam v. Mandal Revenue Officer, Serilingampally Mandal & others, AIR 2008 AP 15, wherein this Court has observed that before initiating any proceedings, a notice has to be issued to all the interested persons over the subject property. It is further submitted that challenging the aforesaid mutati