* HON’BLE SRI JUSTICE C.V. BHASKAR REDDY + WRIT PETITION No.26921 of 2019 % Date: 02.04.2025 Between:

# Andem Sudhakar Reddy and another. ... Petitioners AND $ The State of Telangana Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad and others.

... Respondents ! Counsel for the Petitioners : Sri P. Sasidhar Reddy.

^ Counsel for Respondent Nos.1 to 3 : Government Pleader for Revenue ^ Counsel for the Respondent No.4 : Sri J. Suresh Babu ^ Counsel for the Respondent No.5 : ---

> HEAD NOTE:

? Cases referred

1. (2005) 10 SCC 746

2. (1995) SUPP 1 SCR

3. (2024) 4 SCR 506 THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.26921 of 2019

ORDER:

This Writ Petition is filed by the petitioner seeking following relief:

“….to issue writ or order more particularly one in the nature of writ of MANDAMUS to declare the order No.B/963/2014 dt: 07.03.2015 of the respondent No.3 and the orders passed in appeal case No.D/1580/2015 dt: 04.11.2019 of the respondent No.2 are illegal and contrary to the provisions of the ROR Act, 1971 and Rules, 1989 apart from violation of article 14 & 300-A of constitution of India and set aside the same and consequently direct the respondent No.3 to issue new pattedar pass books with regard to subject land held by the petitioners…”

2. It is stated that the petitioners are the absolute owners and possessors of agricultural lands admeasuring Ac.2-00 gts in Sy.No.138 and Ac.4-00 gts in Sy.No.132 situated at Dacharam Village, Mothkur Mandal, Yadadri Bhongir District, having purchased the same under registered sale deed bearing document No.413/2004 dated 05.05.2004 from the respondent No.5. It is further stated that names of the petitioners were mutated in the revenue records and they were issued pattadar passbooks vide patta Nos.675 and 828 as per the provisions of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 (for short “ROR Act, 1971”). It is further stated that the petitioner No.1 has executed a gift settlement deed vide document No.1653/2009 dated 31.01.2009 in favour of his son i.e, petitioner No.2 in respect of land admeasuring Ac.4-00 gts in Sy.No.132. It is the case of the petitioners that when the respondent No.5 and others tried to interfere with their property, they instituted a suit vide O.S.No.86/2014 on the file of Junior Civil Judge, Ramannapet and the same was decreed vide judgment and decreed dated 11.12.2014. While the things stood thus, it is stated that the respondent No.3 has issued mutation proceedings No.B/963/2014 dated 07.03.2015 in respect of lands admeasuring Ac.0-16 gts in Sy.No.138 and Ac.0-12 gts in Sy.No.132 in favour of respondent No.4 without following the procedure prescribed under ROR Act, 1971 and Rules made thereunder. It is stated that aggrieved by the said mutation proceedings, the petitioners filed statutory appeal on the file of the respondent No.2 under Section 5(5) of the ROR Act, 1971 and when the said appeal was not disposed of within reasonable time, the petitioners were constrained to file W.P.No.9618 of 2019 on the file of this Court and the same was disposed of vide order dated 01.05.2019 directing the respondent No.2 to decide the appeal, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of the order. In pursuance of the same, the respondent No.2 allowed the appeal partly vide impugned order dated 04.11.2019 in Case No.D/1580/2015 and directed the respondent No.3-Tahsildar to refer the Court decrees for mutation under Section 58B of Telangana Land Revenue Act, 1317 Fasli and after collection of necessary stamp duty, and validating the said decrees under Section 42 of the Registration Act, take further steps in accordance with law. It is the case of the petitioners that the respondent Nos.2 and 3 instead of deciding their case in terms of the provisions of the ROR Act, 1971 have erroneously taken into consideration the orders dated 07.04.1995 passed in I.A.No.27