IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
Mohammed Saram Bee – Appellant
Versus
The State of Telangana – Respondent
WP 11745/2025
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.11745 of 2025
ORDER :
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:
“….to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents 2 and 3 in dismissing the case vide No.F3/Spl.Tribunal/Markook/01/2021 (Old Case No.F3/2226/2019 (Old Revenue Court. Joint Collector, Siddipet)), vide Orders dated 31.7.2021, in a biased way without affording proper opportunity and conducting hearing and contrary to the facts on record, as illegal, arbitrary, unjust, unreasonable and in violation of principles of natural justice and Article-300A of the Constitution and consequently set aside the Orders dated 31.7.2021 passed by the 2nd Respondent in Case No.F3/Spl.Tribunal/ Markook/01/2021 (Old Case No.F3/2226/2019 (Old Revenue Court. Joint Collector, Siddipet)), by continuing with the Petitioners name in the revenue record entries in relation to the property of agricultural land admeasuring Ac.4-00 gts., in Sy.No.388/7/U, situated at Chebarthy Village, Markook Mandal, Siddipet District, in the interest of justice and further direct the Respondents to issue pattadhar passbooks and title deeds in favour of the petitioner in respect of the said land, in accordance with law and pass.…”
2. Heard Ms. Chennaboina Shravani, learned counsel appearing for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.1 to 5 and perused the record.
3. Learned counsel appearing for the petitioner would submit that the petitioner herein is the rightful owner and possessor of agricultural land to an extent of Acs.4.00 gts., in Sy.No.388/7/U, situated at Chebarthy Village, Markook Mandal, Siddipet District, having inherited from her husband late Mohammed Sharif. Originally the petitioner’s husband was the owner and possessor of the subject property and his name was mutated in the revenue records and he was also issued pattadhar passbook & title deed. He died in the year 2003 and after his demise the subject property has been succeeded by the petitioner and accordingly petitioner’s name was mutated in the revenue records vide Proceedings No.B/1025/2012, dated 07.09.2012 by the Tahsildar, Jagdevpur Mandal, in the pattadhar & possessor columns and pattadhar passbook and title deeds were also issued to the petitioner and since then the petitioner is in continuous possession and enjoyment over the subject property and cultivating the same.
4. Neither the petitioner nor her husband have sold any part of the subject property to anyone and more particularly respondent Nos.6 and 7 in collusion with respondent No.5 have created false and fabricated documents in respect of Acs.2-00 Gts., land in Sy.No.388/7/U and mutated their names to an extent of Ac.1-00 guntas, without any notice to the petitioner vide proceedings Nos.B/475//2016 and B/476/2016, dated 27.04.2017. A perusal of the said proceedings shows that the mutation was carried on the basis of 13B certificate. Aggrieved by the same, the petitioner approached respondent No.4 and filed Appeal vide File No.B/560/2018 under Section 5(5) of Right in Land & Pattadhar Passbook Act, 1971 r/w Rule-12 of ROR Rules, 1989 and prayed for setting aside of the said proceedings issued by respondent No.5. However, respondent No.4 dismissed the said appeal vide order dated 31.07.2019 without proper examination.
5. Against the dismissal order dated 31.7.2019, the petitioner filed a Revision Petition under Section 9 of The Telangana Record of Rights in Land and Pattadar Pass Book Act, 1971. While the matter stood thus, the Government of Telangana repealed Telangana Rights in Land and Pattedar Pass Books Act 1971 and vide G.O.Ms.No.4, Revenue (Assignment-1) Dept., dated 12.1.2021 and has constituted Special Tribunals with District Collector and Additional Collector (Revenue) / (Local Bodies) as member and as per the N
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