THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.217 of 2023

ORDER:

This writ petition is filed seeking following relief:

“… To issue writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.3 without following due process of law and without conducting enquiry entered the name of the unofficial respondent No.7 into the revenue records pertains to the petitioners property in agricultural land to an extent of Ac.0.07 guntas in survey No.872 extent situated at Jangampally Village Shivar, Bhiknoor Mandal, Kamareddy District in active collusion with unofficial respondents also not considering the representation of principles of natural justice and violation of Articles 14 and 21 of Constitution of India and prays to direct the respondent No.3 to forthwith restore the names of the petitioners for the above said lands.”

2. Heard Sri Ravinder Reddy Singireddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 3, Sri V. Satyam Reddy, learned counsel for respondent Nos.4 and 5 and Sri B. Mahender Reddy, learned counsel for respondent No.7.

3. Learned counsel for the petitioner would submit that petitioners are the absolute owners and possessors of the subject land and the same was initially mutated in the name of Sri Mothe Lachaiah being the elder son of the common ancestor i.e., Mothe Balaram; that the name of Mothe Lachaiah was reflected in the pahani for the year 1984-85 and after demise of Mothe Lachaiah the property was divided between the petitioners and each petitioner got Ac.0.03 ½ guntas; that the names of the petitioner No.1 and his father and the petitioner No.2 reflected in the pahani from the year 1984-85 and was continued till 2007-2008; that the petitioners settled in Hyderabad for livelihood and taking advantage of the same, respondent No.6 with the support of respondent Nos.4 and 5 in active collusion with revenue authorities manipulated the revenue record in the year 1995-96 and incorporated the name of respondent No.6 in respect of subject land.

4. Learned counsel for the petitioner further submitted that respondent Nos.4 to 7 have no right or interest over the said land and respondent No.3 without following due process, incorporated the name of respondent No.7 in the revenue records in respect of subject land. He would further submit that petitioner on 16.11.2022 submitted a representation to respondent No.3 to rectify the entries in the revenue records, but no action has been taken and aggrieved by the said inaction of respondent No.3, present writ petition is filed.

5. Learned counsel for respondent No. 7 would submit that the name of Mothe Lachaiah was continued only upto 1984-85 and thereafter partition has taken place between the Mothe family members and the subject land is allotted to the share of respondent No.6 and accordingly, his name was mutated in the revenue records for the year 1998-99 and continued thereafter, and pattedar pass book and title deeds were also issued to him; that respondent No.6 has alienated the subject land in favour of respondent No.7 vide registered sale deed No.1221 of 2014 dated 09.07.2004; that initially, sale deed was pending for want of stamp duty and subsequently, the same was numbered as document No.1221 of 2014 after the payment of stamp duty. He would further submit that the Mothe family members have given declaration dated 26.07.2004 wherein all the members have given no objection and declared that after death of Mothe Chandra Reddy, his family members have alienated the lands in Survey Nos.872, 873 and 874 to an extent of Ac.4.05 guntas and the subject land was sold to respondent No.7 and declared that they do not have any claim.

6. Learned counsel for respondent No.7 would further submit that basing on the sale deed No.1221 of 2014 dated 09.07.2004, name of the respondent No.7 was mutated in the revenue records in the year 2007- 08 and al