NALLA SRINVIAS REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard Mr. M. Damodar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for the respondents 1 to 3 and Mr. M. Govind Reddy, learned counsel for the fourth respondent.

(2.) This Writ Petition is filed questioning the endorsement issued by the second respondent dtd. 3/1/2022 in file No.B/73/2016 whereby the request of the petitioner for grant of succession and mutation of his name in the revenue records in respect of the land situated in Survey No.151/A1 admeasuring Acs.2.26 gts out of Acs.4.00 gts of Chennupally Village, Ananthagiri Mandal, Suryapet District (hereinafter referred to as "subject land"), was rejected by the third respondent.

(3.) The admitted facts are that the father of the petitioner herein, namely Late Kasi Reddy, was the absolute owner and possessor of the subject land and the same was also updated in the revenue records as pattadar in the name of the father of the petitioner herein and the same is continued as such as on date. On the demise of the father of the petitioner, the petitioner herein made a request for grant of succession and mutation in his name being the successor-in-interest of his deceased father. The said request of the petitioner was initially rejected by the respondent-authorities in the year 2014 on the ground that there was a civil suit pending in O.S.No.168 of 2009 on the file of the Court of the Principal Junior Civil Judge at Kodad filed by the fourth respondent herein. The said suit was dismissed by the Court concerned by a judgment and decree dtd. 15/2/2018. Thereafter, the petitioner once again approached the respondents seeking for grant of succession and mutation in respect of the subject land. As the same was not considered, the petitioner approached this Court by filing W.P.No.2247 of 2019 and the same was disposed of by this Court by an order dated, 11/2/2019 directing the third respondent to take appropriate action on the application submitted by the petitioner for grant of succession and mutation. Thereafter, the third respondent issued the impugned endorsement stating that the request of the petitioner for grant of succession and mutation is rejected by the second respondent on the ground that the petitioner is not in actual and physical possession and in terms of Rule 26(6) of the Rules made under the Telangana Rights in Land and Pattadar Pass Books Act, 1971 ("the Act, 1971" for brevity), the person, who is in actual physical possession of the land shall alone be issued with pattadar pass book. In the light of the above undisputed fact situation, the case of the petitioner and the fourth respondent is considered as under:-