THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.1213 of 2020

ORDER

This writ petition is filed seeking following relief:

“...to issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the order dated 7/9/2019, in proceedings No.D1/5/2017 as the file of Joint collector, Mahabubnagar, consequently the order dated 18/6/2015 in proceedings No.B/1360/2015 of Addakal Mandal, Mahabubnagar district as illegal, arbitrary, violation of Rules 15 to 17 of T S Rights in land and pattadar pass book Rules 1989 and violation of principles of natural justice direct the Tahasildar Addakal to held an enquiry by giving an opportunity to petitioner and other legal heirs …”

2. Sri Rishikesh, learned counsel representing learned counsel for the petitioner on record submit that petitioner’s father by name D.Dadenna, was owner and possessor of land in Survey No.111 to an extent of Ac.8.37 guntas situated at Shakappur Village, Addakal Mandal, Mahabubnagar District which was acquired by way of inheritance. During the life time of petitioner’s father, petitioner and his brother late Naganna have orally partitioned the land in possession and they have agreed to give eight bags of paddy to their parents and memorandum of partition was reduced into writing on 19.05.1977 with knowledge and consent of his parents. Petitioner’s father died in the year 1978 leaving the petitioner, his mother, brother and sisters as legal heirs.

3. After the demise of petitioner’s father the Tahsildar, Addakal has mutated the name of petitioner and his brother in respect of land to an extent of Ac.3.36 guntas and 3.37 guntas and Ac.0.39 guntas in the name of his mother. Petitioners mother died on 17.06.2006. As on the date of death of petitioner’s mother, her name appeared as pattedar in the revenue record in respect of land to an extent of Ac.2.37 guntas but the sons of petitioner’s brother and petitioner have been cultivating equally Ac.4.16 guntas each including share of his mother.

4. While things stood thus, respondent No.3 has issued proceedings dated 18.06.2015 mutating the name of respondent No.4 in respect of Ac.2.37 guntas pursuant to her application. Aggrieved by the said proceedings, the petitioner filed revision petition before Joint Collector, Mahabubabad District and the said revision petition is dismissed vide order dated 07.09.2019 mechanically on the ground that Tahsildar has passed order dated 18.06.2015 basing on the panchanama conducted by the Additional Revenue Inspector, Addakal holding that share of land to an extent of Acs.2.37 guntas in Survey No.111 of Shakapur Village of Addakal Mandal of petitioner’s mother is devolved on her daughter i.e., respondent No.4 without issuing any notice to the petitioner and in the absence of notice to the petitioner, placing reliance on the panchanama is perverse and not in accordance with the law. He mainly contended that during the life time of petitioner’s mother only the share of two sons has been settled and also stated that if the petitioner is aggrieved by the said order the petitioner is at liberty to approach the competent civil court seeking partition. Hence, prayed to allow this writ petition.

5. Learned counsel for respondent No.4 would submit that respondent No.3 has rightly passed the impugned proceedings dated 18.06.2015 basing on the panchanama conducted by Additional Revenue Inspector, Addakal. He would further submit that it is admitted fact that after the demise of petitioner’s father the property has been devolved upon the petitioner and father of respondent Nos.5 to 8 through inheritance to an extent of Acs.3.36 guntas and Acs.3.37 guntas each and their names have been accordingly mutated after the demise of the petitioner’s brother in the year 1978 and the property in question has been inherited to the mother of the petitioner to an extent of Acs.2.37 guntas which cannot be claimed by the petitioner after having a partition and names