THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.5326 of 2025

ORDER :

The Petitioners have filed the present writ petition under Article

226 of the Constitution of India seeking a writ of mandamus to declare the order dated 16.01.2025 in Proceedings No.E4/E-14783/2024, passed by the 3^rd respondent, as illegal and arbitrary. The impugned order was passed without considering the petitioners’ title document, namely the Khasra Pahani of 1954–1955 and by rejecting their online application No.2400056900 seeking correction of land extent in Sy.No.628 from Ac.5.05 to Ac.7.05 Gts., in their father's name for succession purposes. The rejection was solely based on a pending civil suit in O.S. No. 97 of 2019 filed by respondent Nos.8 and 9, despite the fact that the fraudulent gift deeds bearing document Nos.5254 of 1992 & 5255 of 1992 executed by their father were already set aside by competent authorities and their pattas cancelled. These gift deeds, being declared null and void by the Hon'ble Supreme Court in Civil Appeal Nos. 2752–2753 of 2022, are not binding on the petitioners. The petitioners contend that they have not received any government benefits since 2016 due to errors by respondents 2 to 7. The impugned action is alleged to be illegal, arbitrary, violative of principles of natural justice, and contrary to Articles 14, 19, 21, and 300-A of the Constitution of India.

2. Heard learned counsel for the petitioners, learned Assistant Government Pleader appearing on behalf of learned Government Pleader for Revenue and learned counsel for the respondent Nos.7 to 9 and 11.

3. The petitioners respectfully submit that their grandfather, Late Sri Jangili Narasaiah, was the absolute owner and possessor of the lands in Sy.Nos.589, 607, 611–613, 626–628, 630, 632, 637, 640–647, 650–652, and 655, situated at Phanigiri Village, Nagaram Mandal, Suryapet District, Telangana, as evidenced by the Khasra Pahani (1954–55) and Sethwar Register (1932–38). The Khasra Pahani, recognized as a historical and conclusive title document by this Hon’ble Court in W.P. No. 21103 of 2021 (20.11.2023) and affirmed by the Hon’ble Supreme Court, confirms the Petitioners’ title.

(a) Owing to erroneous entries between 1955–1975 in favour of the respondents’ forefathers, the revenue authorities duly rectified the records in 1976–77, restoring title to the petitioners’ father and the father of respondents 11 and 12, issuing a joint patta. Subsequently, respondents 11 and 12’s father alienated a portion of his share and transferred the balance through succession (vide ROR Proceeding Nos.

B/683/2008 & B/267/2019).

(b) The petitioners’ father’s ownership continued in the revenue records from 1976 to 2001. However, respondents 8 and 9 fabricated gift deeds bearing document Nos.5254 & 5255/1992 without title, unlawfully deleting his name and procuring pattadar passbooks and title deeds by fraud an act void ab initio in law. Further, respondent 10 deceitfully obtained a fraudulent sale deed bearing document No. 8495/2010 exploiting the petitioners’ father’s ill-health, which stands void as per the judgments in Civil Appeal Nos.2752– 2753/2022 dated 04.05.2022 and is pending adjudication before respondent No.6 vide Memo No. G2/12716/2024.

(c) Despite clear title, the 3^rd respondent, in online application No.2400056900, rejected the petitioners’ request for mutation on the erroneous ground of a pending civil dispute, without notice to necessary parties, thereby passing mechanical orders contrary to W.A. No. 208/2023 dated 28.10.2024. The admission by respondents 8 and 9 that the petitioners’ father’s name appeared in records till 2002 negates their claim under the alleged gift deeds.

(d) The appellate authority / respondent 5 rightly set aside fraudulent pattas and the revision was dismissed by respondent 4, granting liberty only to approach civil court. Nonetheless, respondents 8 and 9 instituted a suit based on void documents contrary to the settled law in Ram Kumar v. Stat