RAVIPATI SUNEETHA Vs. STATE OF TELANGANA AND ORS.

JUDGEMENT

(1.) Heard Ms.K.Hemalatha, the learned counsel for the petitioner, the learned Government Pleader for Revenue for respondent Nos.1 to 4, and Sri Karanam Ramesh, the learned counsel for respondent No.5. With their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The present writ petition is filed challenging the orders passed by the Revenue Divisional Officer (RDO) under Section 5 (b) of The Telangana Rights in Land and Pattadar Passbooks Act, 1971, (in short 'ROR Act '), canceling the mutation proceedings already issued in favour of the petitioner herein.

(3.) The learned counsel for the petitioner has stated that the unofficial respondent i.e. respondent No.5 has filed the appeal after a lapse of more than 10 years and the RDO without appreciating the facts of the case in proper perspective has allowed the appeal filed by respondent No.5. Learned counsel has also stated that it is the case of the petitioner that originally one Md.Jahangir was the owner of the land in survey No.687 admeasuring Ac.1-20 guntas situated at Manchal Village and that the petitioner has purchased the same through a registered sale deed bearing document No.4796/2009, dated 16.09.2009. Thereafter, the Mandal Revenue Officer (MRO) vide File No.B/4589/2009 dated 21.10.2009 has passed mutation orders in favour of the petitioner and pattadar passbooks and title deeds were issued. When the vendors of the respondent No.5 tried to interfere with the possession of the petitioner, she was constrained to file a suit before the Additional Junior Civil Judge, Ranga Reddy District, and the same was numbered as O.S.No.56 of 2012. The learned Additional Junior Civil Judge, vide judgment and decree, dated 24.09.2019, has decreed the suit filed by the petitioner. The RDO without appreciating the material facts of the case has passed the impugned order which runs contrary to the judgment of the civil Court and the impugned order literally amounts to re-writing the judgment passed by the competent civil Court.