THE HONOURABLE SRI JUSTICE K.SARATH

ORDER:

This writ petition is filed questioning the order passed by the respondent Nos.2 and 3 in ST No.454/2021/D/3010/2020 dated 24.06.2021 as illegal and arbitrary.

2. Heard Smt V. Vaishali, learned counsel for the petitioners, Smt S. Sravanthi, learned Assistant Government Pleader for Revenue and Sri P.V.Krishnama Chary, learned counsel for the unofficial respondents.

3. Learned Counsel for the petitioners submits that the petitioner No.1 is absolute owner, possessor and pattadar of the agricultural land admeasuring to an extent of Ac.1.02 gts in Sy.No.347/A situated at Durshed Village, Karimnagar Mandal and District through a registered gift settlement deed executed by her husband i.e, petitioner No.2 and her name was recorded as pattadar and possessor in the pahanies. She submits that when the unofficial respondents are trying to interfere with the said land, the petitioner No.1 has filed suit in O.S.No.187 of 2012 on the file of Principal Senior Civil Judge at Karimnagar and the same was decreed in her favour. Aggrieved by the same, the unofficial respondents have filed A.S.No.30 of 2019 on the file of Principal District Judge at Karimnagar and the same is pending.

4. Learned Counsel for the petitioners further submits that the respondent No.7 with the influence of the revenue officials got mutated his name in the pahanies as pattadar and possessor and the respondent Nos.4 and 5 without any power and without following the Judgment and Decree in O.S.No.187 of 2012 have made an illegal entry and issued PPB No.T17090131622 in favour of the respondent No.7 in respect of her land. She submits that the petitioner No.1 has made a representation dated 27.06.2020 for cancellation of the illegal entry and issuance of passbooks in favour of the respondent No.7. She further submits that in spite of the Judgment and Decree passed in favour of the petitioner No.1 in O.S.No.187 of 2012 on the file of Principal Senior Civil Judge at Karimnagar dated 28.12.2018 and pendency of appeal in A.S.No.30 of 2019 on the file of Principal District Judge at Karimnagar, the respondent Nos.2 and 3 have passed the impugned order cancelling the succession sanctioned in favour of the petitioner No.1 and ordered to delete the subsequent entries in the revenue records based on the succession and to restore the original entries in the revenue records, which is illegal and arbitrary and requested to allow the writ petition by setting aside the impugned proceedings.

5. Learned Counsel for the unofficial respondents based on the counter submits that the respondent No.6 has inherited the land admeasuring to an extent of Ac.1.09 gts in Sy.No.347/A situated at Durshed Village, Karimnagar Rural Mandal, Karimnagar District from his father late Rajamallu. He submits that the respondent No.6 has sold the said property in favour of the respondent No.7 vide Document No.14253 of 2005 dated 24.12.2005 and the respondent Nos.8 and 9 are the copartners of the respondent No.7 and their names were mutated in the revenue records vide proceedings No.B1/631/2008 dated 31.12.2008 and obtained PPBs and TTDs vide No.354874 with Khata No.1291 and since then the respondent No.7 is in possession and enjoyment of the said property.

6. Learned Counsel for the unofficial respondents further submits that the Tahsildar, Karimnagar without having any right and possession over the subject land has granted succession in favour of the petitioner and aggrieved by the same, the unofficial respondents have preferred appeal before the Revenue Divisional Officer, Karimangar and the same was dismissed and they have also filed a case before the Special Tribunal i.e., District Collector, who in turn after hearing the matter has passed the impugned order dated 24.06.2021. He further submits that the petitioner having contested the matter before the respondent Nos.2 and 3 has approached this Court with false and frivolous allegations.

7. Learned Counsel for the unoffici