Adimalla Susheela vs The State Of Telangana And 5 Others
2021 Latest Caselaw 2818 Tel

           THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                 WRIT PETITION No.23401 of 2021
ORDER:

Heard the learned counsel for the petitioner and the learned

Government Pleader for Revenue for respondents. With their

consent, the Writ Petition is disposed of at the stage of admission.

In this writ petition, the petitioner sought for the following

relief:-

"....to issue a writ order or direction more particularly one in the nature of writ of certiorari declaring the order of the 2nd respondent dt: 23- 06-2021 in Special Tribunal case No. F2/3013/2021 in Old Case No. F2/2739/2020, by dismissing the review petition of the petitioner in respect of the land in Sy. No. 148, 151, 152, 148/, 151/, 148/, 149, 153 and 152, admeasuring Ac.15-20 guntas, situated at Rusthapur Village, Turkapally Mandal, Yadadri-Bhuvangiri District as illegal and arbitrary and violative of Articles 16, 19 and 21 of constitution of India and consequently set aside the same and allow the revision of the petitioner as prayed for or to pass such order..."

According to the petitioner, she is the owner and possessor

of the subject land by virtue of registered gift deed, dated

20.08.2004 executed by the respondent No. 6, who is none other

than her elder brother. However, the respondent No. 6 unilaterally

revoked the said gift deed vide revocation deed dated 09.12.2005

and got cancelled the entries made in favour of the petitioner.

Challenging the said proceedings, the petitioner approached the

respondent No.4, who disposed of the appeal filed by the petitioner

on 08.09.2006 on the ground that a suit filed for declaration is

pending before the Civil Court. Challenging the said orders, the

petitioner has preferred a revision before the Additional Collector,

Bhuvanigiri vide Case No. F2/2739/2020. On repealing of the

Andhra Pradesh Rights in Land and Pattadar Pass Books Act,

1971, by the Telangana Rights in Land and Pattadar Pass Books

Act, 2020, the matter was transferred to the Special Tribunal i.e.,

the respondent No. 2 herein. The Special Tribunal passed the

impugned orders on 23.06.2021 dismissing the revision. Hence,

the present writ petition.

Even though several grounds have been raised, having

regard to the fact that the petitioner has already instituted a suit

in O.S. No. 53 of 2006, against the unofficial respondent, on the

file of Principal Senior Civil Judge, Nalgonda at Bhongir seeking

declaration of title, injunction and for cancellation of the revocation

of gift deed, ultimately if the petitioner succeeds in the suit, the

judgment and decree would not only be binding on the parties to

the suit, but also on the revenue authorities. In that view of the

matter, I do not see any illegality or infirmity with the impugned

order.

Accordingly, the writ petition is dismissed.

The miscellaneous petitions pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ A.ABHISHEK REDDY, J Date : 28.09.2021 tsr

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

WRIT PETITION No.23401 of 2021

DATE:28-09-2021