Telangana High Court
Lekkala Laxmi, Warangal, And 2 Otrs. vs The Tahsildar, Hanamkonda, Warangal ... on 3 September, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE J.SREENIVAS RAO
WRIT PETITION No.18015 OF 2013
ORDER:
(per the Hon'ble Sri Justice J.Sreenivas Rao)
The Writ Petition is filed for the following relief:
".....to issue an order or direction more
particularly one in the nature of Writ of Mandamus
declaring that the action of the 2nd respondent in
taking up suo motu revision Rc.No.E5/1536/2013
for cancellation of Pattadar Pass Books and Title
respectively in Sy.No.195, situated at Shayampet
Jagir Village, Hanamakonda Mandal, Warangal
District at the instance of private party and to
decide the genuineness of the sale deeds executed in
favour of the petitioners by the original owner is
beyond jurisdiction, highly arbitrary, bad and illegal
and pass such other order or orders as deem fit and
proper."
2. Heard Sri P.Prabhakar Reddy, learned counsel for the
petitioners, Sri Katram Muralidhar Reddy, learned Government
Pleader for Revenue appearing on behalf of respondent Nos.1 to 3
and Sri Jalli Kanakaiah, learned Senior Counsel appearing on
behalf of respondent No.4.
3. Brief facts of case:
3.1 Petitioners claim that they are owners and possessors of
plot Nos.6, 7, 10 and 12 in Sy.No.195 to an extent of 900 square
yards, 325 square yards, 500 square yards and 500 square yards
respectively situated at Shayampet Jagir Village, Hanamakonda
Mandal, Warangal District and they purchased the same through
registered sale deeds, dated 06.10.2006. Respondent No.2 issued
the impugned notice Rc.No.E5/1536/2013, dated 01.04.2013
exercising the powers conferred under the provisions of Section 9
of the Andhra Pradesh Rights in Land and Pattadar Pass Books
Act, 1971, (hereinafter called for brevity as 'the R.O.R. Act') as a
suo motu Revision for cancellation of Pattadar Pass Books and
Title Deeds issued in favour of the petitioners basing upon the
complaint of respondent No.4, when the civil suits i.e.
O.S. Nos.205, 215 and 216 of 2013, filed by the petitioners
seeking declaration of title and perpetual injunction against
Perika Sangam and others, are pending before I Additional Senior
Civil Judge, Warangal. Aggrieved by the notice dated 01.04.2013,
petitioners have filed the present Writ Petition.
3.2 Learned counsel for petitioners contended that respondent
No.2 is not having jurisdiction to initiate suo motu revision and
issue the impugned notice basing on the complaint given by the
respondent No.4 for cancellation of the Pattadar Pass Books and
Title Deeds issued in favour of the petitioners, especially
comprehensive civil suits are pending before the civil Court.
4. Per contra, learned Senior Counsel appearing on behalf of
respondent No.4 submits that respondent No.2 is having power to
initiate the proceedings under Section 9 of the R.O.R. Act either
suo motu or basing on an application. Respondent No.2 has
rightly issued the impugned notice and the petitioners are entitled
to submit their objections before respondent No.2. Petitioners
without submitting any objections/counter before respondent
No.2, filed the present Writ Petition and the same is not
maintainable under law.
5. Learned Government Pleader for Revenue appearing on
behalf of respondent Nos.1 to 3 reiterated the very same
submissions made by the learned Senior Counsel.
6. Having considered the rival submissions made by the
respective parties and after perusal of the material available on
record, it reveals that the petitioners are claiming rights in respect
of the subject property basing on the registered sale deeds, dated
06.10.2006. Admittedly, as on the date of initiation of
proceedings by respondent No.2, petitioners have already filed
comprehensive civil suits i.e., O.S.Nos.205, 215 and 216 of 2013
on the file of I Additional Senior Civil Judge, Warangal seeking
declaration and perpetual injunction. When the said suits are
pending, respondent No.2 ought not to have initiated the
proceedings under Section 9 of the R.O.R. Act basing on the
complaint given by respondent No.4.
7. It is also pertinent to mention here that while repealing the
Andhra Pradesh Rights in Land and Pattadar Pass Books Act,
1971, introduced new enactment i.e. Telangana Rights in Land
and Pattadar Pass Books Act, 2020 (Act No.9 of 2020), and the
same came into effect from 29.10.2020. As per Act No.9 of 2020,
respondent No.2 is not having authority or jurisdiction to
adjudicate the proceedings under Section 9 of the R.O.R. Act.
However, the parties are entitled to make necessary application
for correction of the revenue entries as per the provisions of
Section 7 of the Act No.9 of 2020. Admittedly, suits which are
filed by the petitioners are pending before the I Additional Senior
Civil Judge, Warangal and basing on the judgment and decree
which are going to be passed by the said Court, the parties are
entitled to make necessary applications before the revenue
authorities.
8. For the foregoing reasons, the parties are granted liberty to
make necessary application seeking change in the entries in
Record of Rights as per the provisions of Section 7(1) of Act No.9
of 2020, pursuant to the judgment and decree going to be passed
in O.S. Nos.205, 215 and 216 of 2013 on the file of I Additional
Senior Civil Judge, Warangal.
9. With the above direction, the Writ Petition is disposed of.
No order as to costs.
Pending miscellaneous applications, if any, shall stand
closed.
__________________
ALOK ARADHE, CJ
_________________________
J.SREENIVAS RAO, J
03.09.2024
PGP
