THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.13768 of 2020

ORDER:

This writ petition is filed seeking following relief:

“….to issue a Writ Order or direction more particularly a Writ of Mandamus declaring the action of the 4^th Respondent in deleting the name of the Petitioner and substituting it with the name of the 5^th Respondent in the impugned proceedings dated 07-03-2020 in No MUT/03/20/00065 2020 in respect of the land admeasuring Ac.0-31Gts in Sy.No.341/LU/2 situated at KuppagandIa Village Veldanda Mandal Nagarkurnool without notice or hearing the Petitioner as arbitrary illegal and violates Sec 53 of the Act and the Principles of Natural Justice Article 14 and 300A of the Constitution of India consequently to set aside the Orders No MUT/ 03/20/00065/2020 dated 07-03-2020 passed the 4^th Respondent restore the name of the Petitioner in the Pattedar column of the revenue records and pass...”

2. Heard Sri N.Gangadhar, learned counsel representing Sri S. Ashok Anand Kumar, for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent No.3.

3. No representation on behalf of respondent No.5.

4. Learned counsel for petitioner submitted that petitioner’s husband is the owner of an extent of Ac.0.30 gts in Sy.No.341/LU/2 situated at Kuppagandla Village, Veldanda Mandal, Nagarkurnool District. As the petitioner’s husband neglected her, she filed O.S. No. 142 of 2008 and also sought charge over the land in Survey No. 339/UU to an extent of Ac. 2.00 and Survey No. 341 to an extent of Ac. 0.31 guntas, situated at Kuppagandla Village, Veldanda Mandal.

Subsequently, the petitioner’s husband executed a Gift Settlement Deed in her favour, vide Document No. 9977 of 2010, dated

04.10.2010.

5. Learned counsel further submitted that the petitioner filed an application for mutation of the said land in her favour, which was duly sanctioned vide File No. B/549/2014 and accordingly, the petitioner’s name is being recorded in the Adangals from the year 2014 onwards and she was also issued Pattedar Passbooks. However, on 07.03.2020, respondent No.4 passed the impugned mutation proceedings vide File No.MUT/03/20/00065/2020, directing incorporation of the name of respondent No.5 by deleting the petitioner’s name in respect of land admeasuring Ac.0.31 guntas in Survey No.341/LU/2, situated at Kuppagandla Village, Veldanda Mandal, Nagarkurnool District (subject land). Petitioner submitted an application dated 28.07.2020 for correction of entries in the revenue records. But the respondent authorities have not entertained the same. Aggrieved by the same, the petitioner has filed the present writ petition.

6. Learned counsel for the petitioner contended that the impugned proceedings dated 07.03.2020 was passed without issuing any notice to the petitioner and without following due process of law. He further submitted that as per Section 5(3) of the Telangana Rights in Land and Pattedar Passbooks Act, 1971 (for brevity “the Act”) respondent No.4 ought to have issued notice and provided an opportunity of hearing before passing the impugned order dated 07.03.2020. Since no such opportunity was given, the impugned order is illegal and liable to be set aside.

7. Respondent No.5 filed a counter contending that the petitioner’s husband had sold the said land to him and executed a registered sale deed bearing Document No. 6077/2007, dated 29.06.2007. Since there was an error with regard to survey numbers in the said document, a rectification deed was subsequently executed and registered vide Document No. 9181/2008, dated 26.08.2008, for rectifying Survey Nos. 341 and 342, covering a total extent of Ac. 1.20 guntas; that the 5^th respondent submitted an application to the revenue authorities seeking mutation of entries in the revenue records for incorporation of his name and entrusted the matter to his brother to ensure that his name was incorporated in the records in respect of the said land and he migrated to the ci