THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.5145 OF 2020

ORDER :

This Writ Petition is filed seeking a Writ of Certiorari to call for the records pertaining to the order of the Joint Collector, Jagtial District (2nd respondent), dated 20.01.2020 in Revision Petition No. D1/571/2019, and to quash the same as illegal, arbitrary, and violative of the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 1971, and the Rules made thereunder.

2. Heard Sri Vedula Srinivas, learned Senior Counsel representing Sri M.Bharath Chandra, learned counsel for the petitioner, Sri H.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and Sri G.Purushotham Reddy, learned counsel for the 5^th respondent.

3. Briefly, the case of the petitioner is that the petitioner society purchased land to an extent of Ac.0.23 guntas in Sy.No.105, situated at Raikal Village, for a total consideration of Rs.5,200/-, and took possession from the 5^th respondent on 10.05.1978 under an unregistered sale deed for the purpose of using it as a cremation ground. Since the date of purchase, the petitioner has been in possession and enjoyment of the said land, and the petitioner’s name has been recorded in the pahanies for the years 2005-2006 and 2006-2007.

4. While so, the 5th respondent filed a suit in O.S.No.256 of 2007 on the file of the Principal Junior Civil Judge, Jagtial, seeking perpetual injunction in respect of Acs.4.11 guntas in Sy.No.105/A of Raikal Village (hereinafter referred to as the ‘subject property’). After trial, the said suit was dismissed by judgment and decree dated 13.09.2012 on the ground that the 5th respondent failed to prove possession over the suit schedule property. Aggrieved by the said judgment, the 5th respondent filed an appeal in A.S.No.22 of 2012 on the file of the II Additional District Judge, Jagtial. The said appeal was also dismissed by judgment and decree dated 27.08.2013 on the ground that the petitioner herein is in possession of the subject land.

5. The petitioner herein filed a suit in O.S.No.31 of 2008 on the file of the Principal Junior Civil Judge, Jagtial, against the 5^th respondent seeking specific performance of the contract of sale based on the unregistered sale deed dated 10.05.1978 in respect of the subject property. The trial Court, while holding that an unregistered sale deed was executed by the 5^th respondent in favour of the petitioner, dismissed the suit on the ground that it was barred by limitation. Aggrieved by the said judgment, the petitioner filed A.S.No.43 of 2013 on the file of the II Additional District Judge, Jagtial. The said appeal was also dismissed on the ground of limitation; however, the finding of the trial Court regarding the execution of the unregistered sale deed in favour of the petitioner was upheld.

6. Subsequently, the 5^th respondent filed a representation dated 10.02.2017 before the 3rd respondent, seeking removal of the petitioner’s name from the possession column and for recording his own name. The 3rd respondent treated the said representation as an appeal under Section 158 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli, in B/950/2018, and after hearing both parties, dismissed the appeal by order dated 18.03.2019. Aggrieved by the said order, the 5^th respondent filed a revision under Section 166- B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli, read with Section 9 of the Telangana Rights in Land and Pattedar Pass Books Act, 1971, before the 2^nd respondent, who allowed the same by order dated 20.01.2020 in File No.D1/571/2019. Aggrieved by the said order, the present Writ Petition is filed.

7. Learned Senior Counsel appearing on behalf of the petitioner submits that the 3^rd respondent erred in treating the representation filed by the 5th respondent as an appeal under Section 158 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1