IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD *****

W.P.No.27455 of 2017 Between:

1. Nalluri Damodher Rao and another.

…Petitioners.

AsND

1. State of Telangana rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

…Respondents ORDER PRONOUNCED ON: 03.04.2025 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 + W.P.No.27455 of 2017 % Dated 03.04.2025 # Nalluri Damodher Rao and another.

…Petitioners.

AND $ 1. State of Telangana rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

…Respondents ! Counsel for Petitioner: Sri V.R.Avula, learned Senior Counsel for Sri K. Rama Rao.

^ Counsel for Respondents :Assistant Government Pleader for Revenue.

Sri Harindra Prasad, learned Senior Counsel for K. Ravi Mahender for the respondent No.6.

< GIST :

> HEAD NOTE :

? Cases referred :

1 2003 (1) ALD 681 2 2000 (6) ALD 153

3 2003(1) ALD 826 (DB)

4 2007 SCC OnLine AP 459 5 1999 SCC OnLine AP 785

6 2015 SCC OnLine Hyd 609

7 1993 Supp (1) SCC 306

8 (1976) 3 SCC 160

9 2003 SCC OnLine AP 852

10 Un-reported Judgment of this Court

in W.P.No.12748 of 2019 dated 21.08.2019.

111995 Supp (3) SCC 249

12 2006(2) ALT 44 (S.B.)

13 2019 SCC Online TS 3455.

THE HON’BLE SRI JUSTICE K.SARATH

ORDER:

This writ petition is filed questioning the action of the respondent No.2 in passing of order in Case No.D1/2963/2016 dated 15.07.2017 for rectification of mutations for the land admeasuring to an extent of Ac.5-32 gts in Sy.No.42/1A of Battisawargoan Village, Mavala Mandal, Adilabad District as illegal and arbitrary.

2. Heard Sri V.R.Avula, learned Senior Counsel for the petitioners, learned Assistant Government Pleader for Revenue and Sri Harindra Prasad, learned Senior Counsel for the respondent No.6 and perused the material on record.

3. After filing this writ petition, the respondent No.5 expired and the respondent No.6 was impleaded as the legal representative of the deceased respondent No.6. The respondent No.7 got impleaded himself as the respondent, but failed to file counter. None appeared for the respondent No.7 on the date of hearing.

4. Learned Senior Counsel for the petitioners submits that the father of petitioner No.1 has purchased the land admeasuring to an extent of Ac.1-20 gts and Ac.2-12 gts through registered documents bearing No.153 of 1980 dated 21.02.1980 and bearing document No.135 of 1981 dated 21.02.1981 respectively and the petitoner No.1 has purchased the land admeasuring to an extent of Ac.2-00 gts through registered document bearing No.687 of 1981 dated 27.07.1981 and the said lands are situated in Sy.No.42/1A situated at Battisawargoan Village, Mavala Mandal, Adilabad District and their names were also mutated in the revenue records for the land admeasuring to an extent of Ac.3-32 gts and Ac.2-00 gts respectively and out of the said lands, they have sold the land admeasuring to an extent of Ac.1.00 gts to the third parties. In the year, 2014 the respondent No.5 filed application to cancel the mutation of the petitioner No.1 and his father alleging that wrong patta was granted to them, the respondent No.3 issued notices to the petitioners and also called for report of the respondent No.4-Tahsildar. After due enquiry, the respondent No.3 has dismissed the said application on 21.04.2016 and challenging the same, the respondent No.5 filed a revision before the respondent No.2 and the same was allowed on 15.07.2017 remitting the matter to the respondent No.4-Tahsildar for rectification of entries in the revenue records.

5. Learned Senior Counsel for the petitioners further submits that the petitioners are in possession of the subject property and mutations were effected in