THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.5628 of 2022

ORDER

This writ petition is filed seeking the following prayer:

“…to issue an appropriate writ order more particularly one in the nature of Writ of certiorari calling for records relating to the impugned orders passed by the 2nd respondent in case No.B/51/2012/ No.ST/836/2021, dated 15.06.2021 and set-aside the same by duly declaring it as illegal, arbitrary unjust without jurisdiction and violative of Article 14, 21 and 300-A of Constitution of India contrary to the provisions of Telangana Rights in Land Pattadar Passbooks Act, 2020, consequently direct the Respondent Nos.1 to 4 to restore the name of the petitioner in revenue records in respect of Ac.0.14 Gts in Sy.No.212 of Shadnagar Village, Farooqnagar Mandal, Ranga Reddy District and also to pay costs and compensation…”

2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and Mr.B.Ranganatha Rao, learned counsel for respondent Nos.5 to 7. Perused the record.

3. Learned counsel for the petitioner would submit that the father of the petitioner by name Sri Anantha Reddy by virtue of unregistered sale deed had purchased an extent of Ac.5.00 guntas of land situated in Sy.No.212 of Shadnagar Village of Farooqnagar Mandal, R.R. District and the petitioner was the successor of the said property. The petitioner is minor at the time of purchased and subsequent sale by the father of the petitioner. Out of Ac.5.00 guntas of land, the father of the petitioner sold the property of Ac.4.30 guntas in favour of unofficial respondents vide unregistered sale deed. Accordingly, the said sale transaction has been validated by respondent No.4 vide proceedings vide Proc. No. A/3358/2002, dated 12.09.2002 and Ac.4.30 guntas of land has been entered in favour of unofficial respondents herein. Learned counsel for the petitioner would further submit that the petitioner is left over another Ac.0.10 guntas of land in Sy.No.212 situated at Shadnagar Village, Farooqnagar Mandal, R.R.

District.

4. That being the case, learned counsel for the petitioner would submit that surprisingly, the entire portion of land to an extent of Ac.5.00 guntas of the petitioner has been entered into the pahanies by the official respondents in favour of unofficial respondents. Thereafter, the petitioner submitted RTI application to respondent No.4. Vide endorsement No.RK/981/2017, dated 31.07.2019 stating that the file is not available. The petitioner made an application before respondent No.3 as contemplated under Section 5(5) of the ROR Act. During pendency of the appeal before respondent No.3, respondent No.1 has enacted the Telangana Rights in Land and Pattadar Pass Books Act, 2020 and in pursuance of the new Act and by G.O.Ms.No.4 Revenue (Assignment-I Department) dated 12.02.2021, respondent No.1 constituted Special Tribunal in every District. Thereafter, the case of the petitioner was taken on file by the Special Tribunal - respondent No.2. Respondent No.2 vide its order dated 15.06.2021 in Case No.B/51/2012 had dismissed the said appeal by giving the same reason that the subject matter has been lapsed by limitation. Challenging the same, the present writ petition has been filed.

5. Learned counsel for respondent Nos.5 to 7 without disputing the fact that the unofficial respondents have purchased the property to an extent of Ac.4.30 guntas and Ac.0.10 guntas of land has been left over for the petitioner. Respondent Nos.5 to 7 have applied for gram panchayat, obtained layout and plots were made in Sy.No.212/P and Sy.No.215/P of Shadnagar Village, Farooqnagar Mandal and sold out the plots to the third parties. The plot owners have also constructed the houses in their plots and no land is left.

6. Learned Assistant Government Pleader for Revenue would submit that both the parties have admitted an extent of Ac.0.10 guntas of land is remained with the petitioner herein, upon making the application by the petitioner,