Citation : 2026 Latest Caselaw 438 Tel
Judgement Date : 7 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
WRIT PETITION No.2672 of 2020
DATED: 07.04.2026
Between:
Yenaganti Srikanth ...Petitioner
AND
The State of Telangana,
Rep. by its Principal Secretary,
Revenue Department,
Secretariat, Hyderabad and others. ...Respondents
ORDER:
This writ petition is filed to call for the records relating to
proceedings No.D1/2059/2018, dated 08.01.2020 of respondent
No.2 and quash the same as illegal, arbitrary and without
jurisdiction.
2. Heard Sri P.Ramesh Babu, learned Counsel for the petitioner,
learned Assistant Government Pleader for Revenue and
Sri P.Sasidhar Reddy, learned Counsel for respondent Nos.5 to 8.
3. Brief facts of the case as averred in the writ affidavit are that
petitioner and respondent Nos.5 to 8 are own brothers; that their
father purchased land admeasuring Acs.8-18 gts in Sy.No.833 on LNA,J
10.04.1983, Ac.0-07 gts in Sy.No.832, Ac.0-18 gts in Sy.No.833 and
Ac.1-17 gts in Sy.No.834 on 01.01.1985, situated at Veldi Village,
Manakondur Mandal, Karimnagar District, under simple sale deeds
from one Sundaragiri Manohar Rao and obtained Pattadar Passbook
and title deed in his favour; that petitioner's father purchased several
properties at Adilabad, Mancherial, Karimnagar and Mandamarri and
the same were being used for commercial, residential and
agricultural purposes; that family partition was affected between
petitioner's father and his 10 sons including petitioner and
respondent Nos.5 to 8 in the year 2006 and 2011; and that land
admeasuring Acs.8-18 gts in Sy.No.833 (hereinafter referred to as
'subject land') was allotted to the share of petitioner; that petitioner's
father executed simple sale deed to an extent of Acs.8-18 gts in
Sy.No.833 in favour of petitioner and the same was regularized by
respondent No.4 vide proceedings No.B/3875/2005-06, dated
05.12.2008 and Form-13B & 13C Certificates as well as Pattadar
Passbook and title deed were issued in favour of the petitioner and
his name was also mutated in the revenue records.
4. It is further averred that aggrieved by the regularization
proceedings dated 05.12.2008, respondent Nos.5 to 8 have filed an
appeal No.D/14420/2016, before respondent No.3; that the appellate LNA,J
authority without considering Section 6(A) of the A.P.Rights in Land
and Pattadar Passbooks Act, 1971, allowed the appeal and set aside
the proceedings of respondent No.4 vide Order dated 18.06.2018,
though respondent Nos.5 to 8 filed the said appeal after lapse of 8
years. Aggrieved by the said Order, petitioner filed revision vide
revision petition No.D1/2059/2018 before the Joint Collector,
Karimnagar, and the said revision was also dismissed vide Order
dated 08.01.2020. Aggrieved by the same, present writ petition is
filed.
5. Counter has been filed on behalf of respondent Nos.5 to 8 by
contending that land admeasuring Acs.8-18 gts in Sy.No.833 was
purchased by respondent Nos.5 to 8 under registered sale deed
Nos.380, 378, 379 and 381 of 1987 respectively, admeasuring
Acs.2-00 gts each and their names were recorded in revenue records,
pahanies as well as 1-B Register and they were issued with Pattadar
Passbooks and title deeds; and that they are cultivating the same
without any interruption. It is further averred that petitioner has
fraudulently obtained regularization proceedings by a fabricated
simple sale deed dated 14.06.1998 in respect of land admeasuring
Acs.8-18 gts in Sy.No.833 and obtained 13-B and 13-C certificates;
that the said certificates were issued even without any notice to LNA,J
respondents, who are Pattadars and possessors of the said land; that
as per G.O.Ms.No.1765, dated 06.10.2015, the Sadabainama
executed in favour of small and marginal farmers who have less than
Acs.5-00 gts can only be regularized and Form-I application can be
received and further, Form-X application of simple sale deed can be
received on or before 31.03.2008, as per G.O.Ms.No.77, dated
25.01.2008; that in the present case, no such application was
received prior to cut off date i.e., 31.03.2008, therefore, respondent
No.4 ought not to have passed the regularization proceedings as
much as the simple sale deed was regularized, though the same is
executed in respect of Acs.8-18 gts contrary to G.O.Ms.No.1765,
dated 06.10.2015; that petitioner filed a suit vide O.S.No.63 of 2018,
for partition and separate possession, before II-Additional District
Judge, Karimnagar, claiming the subject land admeasuring Acs.8-18
gts in Sy.No.833 as joint family property, which is contrary to the
contention of the petitioner in the present writ petition; that the said
suit was dismissed for default; that pursuant to the Orders passed
by respondent Nos.2 and 3, the names of respondent Nos.5 to 8 were
recorded in the revenue records and in Dharani Portal as Pattadars
and assigned Khata Nos.60103, 60104, 60105 & 60106 respectively.
LNA,J
6. Learned Counsel for the petitioner submitted that subject land
was purchased by petitioner's father and the same was alienated in
favour of petitioner by way of simple sale deed and the same was
validated by respondent No.4 by following due procedure as
contemplated under Section 5(A) of the RoR Act, 1971, however,
respondent No.3 without considering the facts and law in proper
perspective had set aside the regularization proceedings of
respondent No.4. He further submitted that the Joint Collector has
committed error in dismissing the revision preferred by the petitioner
on erroneous observations and by referring to report submitted by
Tahsildar to Lokayuktha that validation proceedings are not available
in the office records. He further submitted that the Joint Collector,
instead of referring to the contentions put forth and the material
placed on record, has relied upon the report submitted by the
Tahsildar to Lokayuktha and dismissed the revision and therefore,
the same is unsustainable and finally prayed to allow the writ
petition.
7. Per contra, learned Counsel for respondent Nos.5 to 8 would
submit that petitioner had fraudulently obtained validation
proceedings by suppressing and misrepresenting the facts and in
fact, respondent Nos.5 to 8 have purchased the subject land under LNA,J
registered sale deed in the year 1987 and the Tahsildar without
issuing any notice to unofficial respondents, passed validation
proceedings contrary to intent and purport of Section 5(A) of RoR Act,
1971, therefore, the same is unsustainable. He further submitted
that the Joint Collector by duly taking into consideration the fraud
played by the petitioner and by referring to the report of the
Tahsildar, submitted to the Lokayuktha, has rightly dismissed the
revision preferred by the petitioner.
8. In support of his contention, learned Counsel for respondent
Nos.5 to 8 relied upon the decision of the Hon'ble Apex Court in
S.P.Chengalvaraya Naidu (Dead) by Lrs. Vs. Jagannath (Dead) by
Lrs. and others, 1 wherein, it was held as under:-
"The Courts of law are meant for imparting justice between the parties. One who comes to the Court, must come with clean hands. We are constrained to say that more often than not, process of the Court is being abused. Property- grabbers, tax-evaders, bank-loan-dodgers and other unscrupulous persons from all walks of life find the Court- process a convenient lever to retain the illegal gains indefinitely. We have no hesitation to say that a person, who's case is based on falsehood, has no right to approach the court. He can be summarily thrown out at any stage of the litigation."
9. Learned Counsel for respondent Nos.5 to 8 further submitted
that there was no delay in filing the appeal and the same was filed
(1994) 1 SCC 1 LNA,J
immediately within the prescribed period from the date of knowledge
and relied upon the decision of the Hon'ble Apex Court in Madan Lal
Vs. State of U.P and others, 2 and finally prayed to dismissed the
writ petition and the same is devoid of any merit.
10. Perusal of the record discloses that petitioner has taken
inconsistent pleas while claiming the subject land. In the writ
affidavit, it is contended that father of petitioner and respondent
Nos.5 to 8 purchased the subject land in the year 1983 and the same
was transferred to the petitioner by way of simple sale deed and that
the same was validated by Tahsildar vide proceedings
No.B/3875/2005-06, dated 05.12.2008. It is also contended that the
subject land was allotted to his share during partition, which took
place among the family members in the year 2006 and 2011.
Petitioner had filed a suit vide O.S.No.63 of 2018, before II-Additional
District Judge, Karimnagar, for partition, wherein, the petitioner
claimed the subject land as joint family property, therefore, there is
clear inconsistency in the contention of the petitioner. Whereas, the
contention of respondent Nos.5 to 8 is consistent and they are
claiming subject land vide registered sale deed Nos.380, 378, 379
and 381 of 1987 respectively.
(1975) 2 SCC 779 LNA,J
11. It is relevant to note that there is cloud over simple sale deed,
which is evident from the observation of the respondent No.3-R.D.O
in his Order dated 18.06.2018, wherein, it was observed that on the
complaint filed by respondent No.5 before Lokayuktha, respondent
No.4-Tahsildar, submitted a report, as per which, the names of
respondent Nos.5 to 8 were recorded as Pattadars in respect of
Acs.2-00 gts each for the years 1997-99 and 2009-10 and
subsequently, the name of petitioner was recorded in respect of land
admeasuring Acs.8-00 gts and the name of petitioner's father was
recorded in respect of land admeasuring Acs.0-18 gts in the pahanies
for the year 2011-12; and that later, the name of Pochaiah was
rounded off and the name of petitioner was recorded.
12. In the report of Tahsildar, it is further mentioned that the
entire extent of Acs.8-18 gts in Sy.No.833 was validated vide file
No.B/3875/2005-06, dated 05.12.2008, basing on unregistered sale
deed dated 14.06.1988, said to have been executed by respondent
Nos.5 to 8 as well as Pochaiah i.e., father of petitioner. It is further
mentioned that file No.B/3875/2005-06, dated 05.12.2008,
mentioned in Form-13B and 13C could not be traced out from their
office and the same seems to be not genuine, as no serial number
was allotted after 1359 to any current/file in their office for the LNA,J
relevant year. From the report of the Tahsildar, it can be construed
that the genuinity of validation proceedings are in serious dispute.
13. It is also relevant to note that respondents are claiming the
subject land vide registered sale deeds, whereas, the petitioner has
taken contradictory pleas i.e., as Joint Family Property in O.S.No.63
of 2018, whereas, before the Tahsildar, petitioner claimed to have
purchased the same under simple sale deed. Further, in the writ
affidavit, petitioner claimed that subject land was allotted towards
his share during the family partition in the year 2006 and 2011,
however, the petitioner has failed to substantiate any of the pleas by
placing sufficient material before this Court. In so far as, delay is
concerned, it is the specific contention of the respondent Nos.5 to 8
that appeal was filed within stipulated time from the date of
knowledge, however, no specific dates have been mentioned in the
Counter.
14. It is evident from the material placed on record that petitioner
obtained the regularization proceedings from respondent No.4 by
suppressing and misrepresenting the facts, therefore, the ratio laid
down by the Hon'ble Apex Court in S.P.Chengalvaraya Naidu
(supra) squarely applies to the present case. Further, according to
respondents, no notice has been issued to respondent Nos.5 to 8 in LNA,J
the validation proceedings, which is contrary to RoR Rules, 1989, as
per which, a notice is mandatory to the vendor of the Sadabainama,
therefore, the regularization proceedings of Tahsildar, are contrary to
the procedure prescribed under RoR Rules, 1989, and thus,
respondent No.3-R.D.O has rightly set aside the regularization
proceedings and respondent No.2 has not committed any error in
dismissing the revision. In considered opinion of this Court, the
petitioner failed to point out any illegality or irregularity in the
impugned Order dated 08.01.2020, and therefore, writ petition fails
and is liable to be dismissed.
15. Accordingly, writ petition is dismissed. There shall be no order
as to costs.
Miscellaneous petitions, if any, shall stands closed.
_______________________________________
JUSTICE LAXMI NARAYANA ALISHETTY
DATE: 07.04.2026
Tri
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