Telangana High Court
Chandraraju Komuraiah vs The State Of Telangana And 5 Others on 8 September, 2025
THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.4060 OF 2020
ORDER :
This Writ Petition is filed seeking writ of mandamus
declaring the action of the 3rd respondent in Revision Petition
No.E/686/2018, dated 21.12.2019 in remanding the matter
back to the 5th respondent for conducting de novo enquiry,
as illegal and arbitrary.
2. Learned counsel for the petitioner submits that the 4th
respondent--Revenue Divisional Officer--disposed of the
appeal filed by the 6th respondent vide proceedings in
Rc.No.A/6941/2012, dated 06.01.2018, stating that the
Revenue Court does not have the power to conclusively
decide questions of title, relying on the judgments of the
Hon'ble Supreme Court in AIR 1973 SC 408 and AIR 1985
NOC 6, wherein it was held that: "Orders of the Courts of
limited jurisdiction like Revenue Courts are only conclusive
as far as their proceedings are concerned. The Revenue
Courts have no power or jurisdiction to decide the title
conclusively, and the proceedings do not operate as res
judicata." Aggrieved by the said order, the petitioner filed a
revision petition before the 3rd respondent. He further
submits that the 3rd respondent/Joint Collector, is vested
with the power to adjudicate the matter, and therefore, ought
to have decided the issue on merits instead of remanding the
matter to the 5th respondent/Tahsildar. Accordingly, he
prays that this Writ Petition be allowed.
3. On the other hand, the learned Assistant
Government Pleader, representing the learned
Government Pleader for Revenue, upon instructions,
would submit that the claim of the petitioner has not
been rejected by the revisional authority/the 3rd
respondent--but has only been remanded to the
Tahsildar/the 5th respondent for conducting a de novo
enquiry with respect to the claims of both the petitioner
and the 6th respondent herein. He submits that the 5th
respondent is in the process of conducting the de novo
enquiry, and that the petitioner has every opportunity to
approach the 5th respondent and submit the necessary
documents in support of his claim. He further submits
that the 3rd respondent has rightly remanded the matter
to the 5th respondent, and as such, the indulgence of
this Court at this stage is not warranted, and
accordingly, he seeks dismissal of the Writ Petition.
4. Having heard the learned counsel for the petitioner and
the learned Assistant Government Pleader for Revenue, and
upon perusal of the material placed on record, this Court
does not find any reason or ground to interfere with the
order passed by the 3rd respondent. However, it is made
clear, as submitted by the learned counsel for the petitioner,
that the petitioner is at liberty to approach the 5th
respondent by way of an application, enclosing all relevant
documents in support of his claim. The 5th respondent shall
examine the same and pass appropriate orders strictly in
accordance with law, after issuing notice to the 6th
respondent and all other concerned parties, and after
affording them an opportunity of hearing.
5. Accordingly, this Writ Petition is liable to be dismissed
and accordingly, dismissed. There shall be no order as to
costs. As a sequel thereto, miscellaneous applications, if any
pending, shall stand dismissed.
____________________
E.V.VENUGOPAL, J
Dated : 08-09-2025
KVS
