G. ASHOK REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Questioning the order dtd. 24/6/2021 passed in Case No.F2/481/2021 whereby the Special Tribunal has dismissed the review application filed by the petitioner seeking review of the order dtd. 29/1/2021 dismissing the appeal filed by the petitioner herein, the present writ petition is filed.

(2.) Brief facts of the case are that the subject land admeasuring Acs.8-22 guntas in survey No.513/A situated at Redlarepaka Village, Valigonda Mandal, Nalgonda District and various other lands belonging to the joint family of the father of the petitioner viz., Guduru Malla Reddy were subjected to enquiry under the provisions of Andhra Pradesh Land Reforms (Ceilings on Agricultural Holdings) Act, 1973, and eventually the father of the petitioner viz., Guduru Malla Reddy was declared as non-surplus holder vide proceedings No.3841/75/BNG dtd. 10/2/2014. Said Malla Reddy died on 13/2/2010 leaving behind him, the petitioner herein, the mother of the petitioner Smt. G.Yashoda Devi and elder brother of Malla Reddy i.e. G. Santosh Reddy, as his legal heirs. Since then, they are in peaceful possession and enjoyment of the subject lands as pattadars and owners of the same. While so, respondent Nos.6 and 7 herein have approached respondent No.5 by way of an application seeking mutation in respect of the land admeasuring Acs.8-22 guntas in survey No.513/A situated at Redlarepaka Village, Valigonda Mandal, Nalgonda District wherein a notice was issued to the mother of the petitioner. However, without considering the objections raised by the mother of the petitioner and without issuing notice to other legal heirs of late Sri Malla Reddy i.e., petitioner herein and Sri G. Santhosh Reddy, respondent No.5 has issued 13-B Certificate vide proceedings No.B/4022/2015 dtd. 25/1/2016. As against the same, petitioner and his mother have filed Appeal No.D/1754/2016 before the Revenue Divisional Officer, Bhongir. Subsequently, the said appeal was transferred to the Revenue Divisional Officer, Choutuppal, on the point of jurisdiction and re- numbered as Appeal No.B/473/2016. After the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (for short, 'the Act No. 9 of 2020') came into force w.e.f.29/10/2020, the appeal was transferred to the Special Tribunal constituted under the Act No.9 of 2020. The Special Tribunal initially passed order dtd. 29/1/2021 in case No.F2/481/2021 dismissing the appeal. Pursuant to the orders passed by the Division Bench of this Court in W.P. (PIL) No.20 of 2021, petitioner has filed a Review Petition and the same was also dismissed by the Special Tribunal vide order dtd. 24/6/2021. Questioning the same, the present Writ Petition is filed.

(3.) Respondent No.7 filed a counter affidavit mainly stating that late Sri Guduru Malla Reddy was the original pattadar of the land in survey Nos.513 and 514 to an extent of Acs.18-22 guntas and Acs.17-37 guntas totally admeasuring Acs.36-19 guntas situated at Redlarepaka Village, Valigonda Mandal, Yadadri-Bhongiri District. Said Guduru Malla Reddy sold the said lands to the father of unofficial respondents herein through unregistered sale deed dtd. 18/6/1975 after receiving the entire sale consideration, being the Kartha of the joint family. Since the date of purchase, they are in possession and enjoyment of the said land. Subsequent to the purchase, the land in survey No.513 was orally partitioned between these unofficial respondents and their father, out of which land admeasuring Acs.14-20 guntas was allotted to these respondents and the remaining land of Acs.4-02 guntas covered by ceiling declaration of late Sri Guduru Malla Reddy vide C.C. No.3841/75/BG dtd. 10/2/2004, was retained by the father of these respondents towards his share. When Guduru Malla Reddy started interfering with the possession of these respondents, they filed O.S. No.106 of 1985 before the District Munisiff, Ramannapet, seeking declaration of title and for perpetual injunction and the said suit was decreed on 11/2/1987 in favour of these respondents. Even though the said decree has become final, patta was not transferred in the name of these respondents. Initially, these respondents approached the then Mandal Revenue Officer on 14/11/2000 seeking mutation of the land to an extent of Acs.14-20 guntas. The said application was kept pending on the ground of pendency of CCLA proceedings. After conclusion of proceedings before the LRAT, these respondents have again approached respondent No.5 and filed an application dtd. 24/11/2015 seeking mutation of the subject land. Then, these respondents came to know that the land to an extent of Acs.10-00 guntas was mutated in the name of Guduru Yadi Reddy vide 13-B certificate No.E/1732/2006 dtd. 29/9/2014. Aggrieved by the same, the father of these respondents filed an appeal before respondent No.4, who allowed the appeal vide order dtd. 15/3/2018 and the remaining land of Acs.8-22 guntas was mutated in the name of these respondents after collecting requisite stamp duty vide proceedings No.B/4022/2015 dtd. 13/1/2016 after conducting a detailed enquiry. It is further stated that statutory notice under Sec. 5 (3) of the Act was served on the mother of the petitioner, being the Kartha of the family, and her objections were considered and rejected by the authorities. Further, the father of the writ petitioner in the written statement submitted by him in O.S. No.106 of 1985 has admitted the sale transaction in favour of father of these respondents. The Special Tribunal after considering all the above facts has passed the impugned order and there are no grounds to interfere with the same.