GUJJULA PADMA Vs. STATE OF TELANAGANA

JUDGEMENT

(1.) This writ petition is filed with the following prayer:-

(2.) According to the petitioners, they are absolute owners and possessors of the subject lands having purchased the same from their vendor, namely Allenki Bhadraiah through sale deed, dtd. 2/2/1990. Since the date of purchase, they are in possession and enjoyment of the subject land. That the petitioner No. 1 alienated an extent of Ac.0.28 guntas in Sy. No. 733/B and Ac.0.26 guntas in Sy. No. 758 in favour of petitioner No. 2 through registered sale deed, dtd. 27/11/2002, vide document No. 7312/2002. In turn, the petitioner No. 2 executed registered Agreement of Sale-cum-General Power of Attorney with possession, dtd. 8/7/2004, vide document No. 7081/2004 in favour of one Narahari Jagga Reddy, a resident of Jyothinagar, Karimnagar. Subsequently, the said lands were alienated to petitioner No. 3 by way of registered sale deed, dtd. 31/12/2004, vide document No. 13497/2004. while so, the respondent No. 5 filed an application, dtd. 26/11/2014 before the Tahsildar, Thimmapur Mandal, Karimnagar District, respondent No. 4 herein, for correction of Record of Rights on the ground that she had purchased the subject lands prior to her marriage from vendor, namely Allenki Bhadraiah through registered sale deed, dtd. 19/7/1990, vide document No. 1860/1990 and her name is mutated in revenue records during the year 1991-1992. Considering the rival claim over the subject property by the petitioners and the respondent No. 5, the respondent No. 4, after hearing the parties, passed orders on 23/2/2015 directing both the parties to settle their title dispute before the competent civil court. Subsequently, the respondent No. 5 has filed a suit for declaration of title and recovery of possession of the subject land against the petitioners and two others in O.S. No. 37 of 2015 on the file of District Judge at Karimnagar and the same is pending for adjudication. However, being aggrieved by the proceedings of the respondent No. 4, dtd. 23/2/2015, the respondent No. 5 carried the matter in appeal under Sec. 5-A of the Act before the Revenue Divisional Officer, Karimnagar Division, the respondent No. 3 herein. Even the respondent No. 3, by order dtd. 19/11/2016, advised the parties to settle the dispute before the civil Court and also directed the respondent No. 4 to maintain status quo and not to effect any changes in the entries in the pahanies in respect of the subject land. Aggrieved thereby, the respondent No. 5 filed a revision under Sec. 9 of the Act before the Joint Collector, Karimnagar.

(3.) However, the respondent No. 2, by order dtd. 31/1/2018 allowed the revision petition setting aside the order of the Revenue Divisional Officer, Karimnagar, respondent No. 3, dtd. 19/11/2016. Hence, the present writ petition by the petitioners. Heard the learned counsel for the petitioners, the learned Government Pleader for official respondents and the learned counsel for the respondent No. 5. Perused the material available on record.