KALVALA KARUNAKAR RAO Vs. STATE OF TELANGANA

JUDGEMENT

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

(2.) The Revenue Divisional Officer allowed the appeal preferred by Kalvala Nagender Rao in Appeal No.D/289/2018 dated 09.08.2019 filed under Section 5 (5) of the Act 26 of 1971 setting aside the decision of Tahsildar, Mothkur Mandal, in carrying out entries in the revenue records in favour of Kalvala Karunakar Rao, on land to an extent of Ac.1.06 guntas in Sy.No.125, Ac.1.26 guntas in Sy.No.159, Ac.6.16 guntas in Sy.No.160, Ac.0.20 guntas in Sy.No.166, Ac.7.29 guntas in Sy.No.168, Ac.1.09 1/2 guntas in Sy.No.180 and Ac.1.18 guntas in Sy.No.619, totally admeasuring Ac.20.04 guntas of Mothkur Village, Yadadri-Bhongir District and ordered that all the consequential entries in the revenue records stand cancelled. The Tahsildar was directed to take necessary action as per the Act 26 of 1971 and Rules made there under by giving equivalent share in favour of legal heirs as per the Hindu Succession Act, 1956. Aggrieved thereby, petitioner preferred Revision bearing No.F2/2568/2019 under Section 9 of the Act 26 of 1971 and also filed an interlocutory application praying to suspend the operation of the order passed by the Revenue Divisional Officer. Petitioner asserts that having come to know that in the month of October, 2020, the 5th respondent was contemplating steps to alienate the land in issue, he issued legal notice on 30.10.2020 to the Sub-Registrar and to the Tahsildar calling upon them not to entertain any registration and not to sanction mutation in terms of the orders of the Revenue Divisional Officer. Alleging that no orders are passed in the interlocutory application, by the Revisional Authority and his Revision is not considered sofar, this writ petition is filed.

(3.) The Government notified Telangana Rights in Land and Pattadar Pass Books (Special Tribunals) Rules, 2021, vide G.O.Ms.No.4, Revenue (Assignment-I) Department dated 12.01.2021 constituting the Special Tribunals comprising of District Collector and Additional Collector (Revenue) in every district.