Telangana High Court
Lambadi Eshwar vs The State Of Telangana on 6 January, 2025
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.29968 OF 2015
ORDER:
Heard learned Counsel for the petitioner, learned
Assistant Government Pleader for Revenue, learned
counsel for the unofficial respondent Nos.6 to 10 and
perused the entire material on record.
2. Learned Counsel for the petitioner submits that
the petitioner is the absolute owner of the land
admeasuring to an extent of Ac.1.24 gts., in Sy.No.333
and Ac.1.22 gts., in Sy.No.340 in total admeasuring to
an extent of Acs.3.06 gts., situated at Shivampet
Village and Mandal and purchased the said land by a
simple sale deed on 23.03.2000 from the respondent
No.5, since then he is cultivating the same. The
petitioner applied for regularization of the sale deed
under Section 5-A(2) of the A.P.Rights in Land and
Pattedar Passbook Act, 1971. The authorities after
conducting inquiry, collected an amount of
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Rs.12,600/- and the respondent No.4 herein issued 13
(B) certificate in proceedings No.R/4517/05, dated
08.07.2009 and also issued pattedar passbooks and
title deeds bearing patta No.695 and the petitioner
name was also entered in the revenue records. While
it being so, the respondent No.5 filed a suit for
perpetual injunction in O.S.No.97 of 2009 on the file of
Junior Civil Judge, Narsapur and obtained decree on
29.12.2014. Challenging the said decree, the
petitioner filed A.S.No.6 of 2015 on the file of VII
Additional District and Sessions Judge, Medak at
Sangareddy. The respondent No.5 filed Appeal against
the grant of 13 (B) certificate before the respondent
No.3 and the same was dismissed by the respondent
No.3. Aggrieved by the same, the respondent No.5 filed
revision before the respondent No.2 under Section 9 of
the A.P.Rights in Land and Pattedar Passbook Act,
1971. Without taking into account of the contentions
made by the petitioner, the respondent No.2 passed
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impugned orders by setting aside the 13-B certificate,
in view of the pendency of the civil suit and directed
the parties to agitate the rights at Civil Court. The
respondent No.2 while passed the impugned orders,
without following due procedure and without
considering the amounts paid by the petitioner
through challan as determined by the respondent No.4
in consultation with the registering authority. He
further submits that if there are any procedural
irregularities, the respondent No.2 ought to have
remanded the matter for de-novo enquiry. Without
doing same, cancelled the 13-B certificate and the
same is arbitrary and illegal. As on this date, the
petitioner is in possession of the property and the
name of the petitioner is continuing as pattedar and
possessor of the suit schedule property and requested
to allow the writ petition by setting aside the impugned
proceeding dated 25.07.2013.
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3. Learned Assistant Government Pleader for
Revenue for the respondents submits that the
respondent No.2 by following the due procedure of law,
passed the impugned orders dated 25.07.2013 and
hence, there are no irregularities or illegality with
regard to cancellation of 13-B certificate and the same
cannot be treated as valid document and the
respondent No.2 has rightly passed the said
proceedings and there are no merits in the writ petition
and the same is liable to be dismissed.
4. During pendency of the writ petition, the
respondent No.5 expired and the legal heirs of the
deceased respondent No.5 were brought on record as
the respondent Nos.6 to 10.
5. Learned counsel for the unofficial respondent
Nos.6 to 10 basing on counter submits that the
respondent No.5 filed suit for injunction against the
writ petitioner in O.S.No.97 of 2009 on the file of the
Junior Civil Judge, Narsapur and suit was decreed
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through Judgment and Decree dated 29.12.2014 and
the same was reversed by the appellate Court in
A.S.No.6 of 2015 on the file of the VII Additional
District and Sessions District Judge at Medak on
17.11.2015 and against the appellate Court Judgment,
unofficial respondents filed S.A.No.686 of 2018 on the
file of this Court and the same is pending for
adjudication and there is no illegality in the orders
passed by the respondent No.2 and requested to
dismiss the writ petition.
6. After hearing both sides, this Court is of the
considered view that petitioner contended that he
purchased the land admeasuring to an extent of
Ac.1.24 gts., in Sy.No.333 and Ac.1.22 gts., in
Sy.No.340 in total admeasuring to an extent of
Acs.3.06 gts., situated at Shivampet Village and
Mandal, Medak District from the respondent No.5.
Subsequently, he made an application to the
authorities for regularization of sale and mutation of
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records by paying the fee as per rules. The respondent
No.4 mutated the records in favour of the petitioner.
Aggrieved by the same, the respondent No.5 filed an
Appeal against R.O.R. proceedings before the
respondent No.3. At the same time, he filed a revision
before the respondent No.2 under Section 9 of the
A.P.Rights in Land and Pattedar Passbook Act, 1971
and also filed O.S.No.97 of 2009 on the file of the
Junior Civil Judge, Narsapur. In view of filing revision
before the respondent No.2, the respondent No.3
without going into the merits of the case and in order
to avoid parallel proceedings, disposed the Appeal vide
proceedings in case No.G/2108/2010, dated
21.07.2012.
7. Thereafter, the respondent No.2 passed impugned
order in the revision filed by the respondent No.5
stating that the then M.R.O., Shivampet, without
following due procedure of law issued 13-B certificate
and the same cannot be treated as a valid document
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and quashed the same and granted liberty to the
parties to approach the concerned authority if
required, by filing fresh revision after disposal of the
case before Civil Court. The respondent No.2 passed
impugned orders in view of the procedural
irregularities and quashed the proceedings and ought
to have remanded the matter to the respondent No.4
for conducting proper inquiry by giving opportunity to
the petitioner as well as the unofficial respondents.
Without doing the same, the respondent No.2 has set
aside the 13-B certificate and directed to make
application after disposal of civil proceedings.
8. The suit filed by the respondent No.5 for
injunction in O.S.No.97 of 2009 on the file of Junior
Civil Judge, Narsapur was allowed on 29.12.2014.
Aggrieved by the said Judgment and Decree, the
petitioner herein filed Appeal in A.S.No.6 of 2015 on
the file of VII Additional District and Sessions Judge,
Medak at Sangareddy and the said Appeal was allowed
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on 17.11.2015 by setting aside the Judgment and
Decree passed in O.S.No.97 of 2009. Thereafter, the
legal heir of the respondent No.5 filed S.A.No.686 of
2018 before this Court which is pending. The
pendency of the Second Appeal filed before this Court
is no way concerned with regard to the R.O.R.
proceedings as the suit is for injunction and not for
declaration of title. In view of the same, the matter
requires to be remanded to the respondent No.4 for
fresh enquiry.
9. In view of the above findings, the writ petition is
disposed of, by modifying the orders passed by the
respondent No.2 vide proceeding No.F3/1604/2010-
F3/15/ROR/2010, dated 25.07.2013 and remand the
matter to the respondent No.4 for conducting de-novo
enquiry by giving opportunity to the petitioner as well
as unofficial respondents without getting influenced by
the observations made by the respondent Nos.3 and 4
in the Appeal and revision and shall pass orders as per
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the Rights in Land and Pattadar Pass Books Act and
the rules made thereunder, within three (03) months
from the date of receipt of a copy of this order. There
shall be no order as to costs.
Miscellaneous petitions pending, if any, shall
stand closed.
_____________________
JUSTICE K.SARATH
Date:06.01.2025.
EDS
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W.P.No.29968 OF 2015
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.29968 OF 2015
Date:06.01.2025.
EDS
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W.P.No.29968 OF 2015
