LAWS(TLNG)-2021-4-30

MD. SHAFI Vs. STATE OF TELANGANA

Decided On April 26, 2021
Md. Shafi Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents 1 to 4.

(2.) According to petitioners, family of late Rajmohammed was assigned land to an extent of Ac.5.26 guntas in Sy.No.330, Sankireddypalli Village, Kothakota Mandal, Wanaparthy District.

(3.) The respondents 5 to 7, who are children of late Rajmohammed, submitted appeal before the Sub-Collector, Gadwal challenging the ROR entries reflecting the name of three brothers for the entire extent of land, including the land belonging to late Rajmohammed from the year 1978-79 onwards. On due consideration, the Sub-Collector dismissed the appeal vide his order dated 20.03.1997. The respondents 5 to 7 filed Revision under Section 9 of the Telangana Rights in Land and Pattadar Passbooks Act, 1971 without disclosing the rejection of appeal, raising the very same contentions. Late Moulana Saheb died on 16.04.1994 and he was succeeded by petitioners 3 and 4. In the Revision, neither Moulana Saheb nor his children were impleaded as respondents. The fathers of other petitioners also could not contest the Revision because of their health and the Revision was allowed by the Revisional Authority on 05.03.2005 and issued consequential directions. Petitioners were not aware of the orders passed by the Revisional Authority on 05.03.2005. They were surprised to know about said order when they made application requesting to issue new pattadar pass books. Thus, the present writ petition is filed challenging the order of Revisional Authority dated 05.03.2005.