KOMATIREDDY JANAKIRAM REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, has been filed by the petitioner challenging the orders of the respondent No. 2 in New Case No. F2/Spl.Tribunal/0264/2021 (Old Case No. F2/4244/2019), dtd. 10/7/2021 confirming the orders passed by it on 9/2/2021 by reversing the orders of the respondent No. 4, dated Nil.05.2019 in Case No. B/1891/2018 as arbitrary and illegal.

(2.) The case of the petitioner, in brief, is that the petitioner herein, his brother, late Komatireddy Neela Reddy and the respondent No. 6 herein are the children of one late K. Sathi Reddy, who died in the year 1970 and his wife, late Smt. Venkata Narsamma died in the year 1977. That the respondent No. 6 herein was married in the year 1985. That after the death of late Sathi Reddy, who died in the year 1970 leaving behind his widow-Venkat Narsamma and three children i.e., the petitioner, late Neela Reddy and the respondent No. 6 herein, the lands were partitioned between the two sons of late Sathi Reddy in the year 1975 and the said partition was incorporated in the revenue records. The respondent No. 6, after lapse of more than 40 years, has filed an appeal under Sec. 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 before the Revenue Divisional Officer, Nalgonda, respondent No. 4 herein, seeking cancellation of Patta granted in favour of her brothers, contending that her father died intestate and as per the Hindu Succession Act, 1956, Pouthi was granted in favour of his wife and children, including the respondent No. 6 in the year 1970-71 and the same was carried out in the Faisal Patti. The widow of Sathi Reddy died in the year 1977. However, her two brothers i.e., the petitioner herein and late Neela Reddy, by suppressing the fact that there are other legal heirs, have partitioned the subject land between themselves and got the lands mutated in their favour without notice to the respondent No 6. Neither the respondent No. 6 nor her mother was put on notice before mutating the subject land in favour of petitioner and his late brother. Therefore, she has filed the appeal before the respondent No. 4 challenging the entries made in favour of her brothers. By order, dated Nil-05-2019, the respondent No. 4 dismissed the appeal. Aggrieved thereby, the respondent No. 6 herein, has filed a revision in Case No. F2/Spl.Tribunal/0264/2021 (Old Case No. F2/4244/2019) under Sec. 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, before the Joint Collector. Subsequently, on repealing of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, by the Telangana Rights in Land and Pattadar Pass Books Act, 2020, the matter was transferred from the Joint Collector to the Special Tribunal i.e., the respondent No. 2 herein. The learned Tribunal, after going through the material and the orders of the Revenue Divisional Officer, allowed the revision by order, dtd. 9/2/2021 setting aside the orders of the Revenue Divisional Officer, date Nil-05-2019 with a direction to the Tahsildar to restore the Patta on the name of the original pattadar, Komatireddy Sathi Reddy by deleting the subsequent entries. Seeking review of the orders, dtd. 9/2/2021, the petitioner herein and others have filed a review petition before the learned Tribunal. However, by order, dtd. 10/7/2021, the learned Tribunal has dismissed the review petition upholding its earlier orders, dtd. 9/2/2021. Hence, the present writ petition.

(3.) Heard the learned counsel for the petitioner, learned Government Pleader for Revenue and the party-in-person, the respondent No. 6 herein. Perused the material available on record.