THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.9470 OF 2021

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to issue a writ order or direction particularly one in the nature of writ of mandamus declaring the action of the 5^th respondent in deleting the name of the petitioner from the revenue records in respect of his own land in Sy.No.29/AA to an extent of Ac.3.20gts situated at Venkatraopet village sivar, Sirpur (T) Mandal, Komurambheem Asifabad District by mutating the respondents 6 and 7 as pattedars to the land in Sy.No.29/AA to an extent of Ac 3.20gts situated at Venkatraopet village sivar, Sirpur (T) Mandal, Komurambheem Asifabad District through the Proceedings No.ROR/215/2020, dated 24.03.2020 issued by the 5^th Respondent without notice, opportunity of hearing and without jurisdiction as illegal, arbitrary and contrary to the provisions of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 and consequently to set-aside the proceedings No.ROR/215/2020, dated 24.03.2020 issued by the 5^th Respondent and pass such other order or orders …”

2. Heard Mr.Rudresh Deshpande, learned counsel representing Mr.V.Yadu Krishna Sainath, learned counsel for the petitioner and Mr.Rakesh Kumar, learned Assistant Government Pleader representing learned Government Pleader for Revenue appearing for respondent Nos.1 to 5.

3. The brief facts of the case are that the petitioner is the owner and possessor of the land admeasuring Acs.3.20 gts in Sy.No.29/AA situated at Venkatraopet Village Sivar, Sirpur (T) Mandal, Komurambheem, Asifabad District and obtained the same by way of Succession in the family partition which took place on 08.06.2002. Pursuant thereto, the petitioner’s name was mutated in the revenue records through amendment register of respondent No.2 dated 27.09.2019 vide mutation proceedings No.MUT/16/12/00338/2018; that the petitioner had applied for the issuance of pattadar pass book, title deeds in his favour but the same is pending consideration; that respondent No.6 made a representation dated 10.03.2020 to respondent No.3/the District Collector, Komurambheem, Asifabad District seeking to mutate her name in the revenue records as she is the legal heir of Late Hanmanthu for the aforesaid extent of land as their father died in the year 2009; that respondent No.3 addressed a letter in Rc.No.D1/338/2020, dated 10.03.2020 directing respondent No.5/Tahsildar, Sirpur-T Mandal to go through proper records, conduct a detailed enquiry and submit compliance report; that respondent No.5 had submitted a report dated 06.01.2021 in Rc.No.A/09/2021 to the Collector, Kumrambheem, Asifabad District suppressing all the facts in relation to the aforesaid land; that respondent No.5, during the Covid-19 Pandemic, issued proceedings No.ROR/215/2020, dated 24.03.2020 mutating the names of respondent Nos.6 and 7 in the revenue records, without there being any authority vested in him. Aggrieved by the same, the petitioner filed the present Writ Petition.

4. Learned counsel for the petitioner submits that the petitioner did not appear on 23.03.2020 as there was lock down during Covid-19 Pandemic and during the said period respondent No.5 had passed the impugned proceedings No.ROR/215/2020, dated 24.03.2020 mutating the names of respondent Nos.6 and 7 in the revenue records, without affording him an opportunity of hearing, due to which the petitioner is put to suffer severe hardship. Therefore, he seeks to allow the Writ Petition.

5. Learned Assistant Government Pleader for Revenue submits that respondent No.5/Tahsildar after going through copy of Form-8 records, observed that no points in Section 9(1)(A)(IV) of the Andhra Pradesh Record of Rights in Land and Pattadar Pass book Act, 1971 (for short, “the Act”) would be violated and issued the impugned proceedings No.ROR/215/2020, dated 24.03.2020 mutating the names of respondent Nos.6 and 7 in the revenue records, as per