LAWS(TLNG)-2022-2-94

RAMARAJ SITARAMA RAO Vs. STATE OF TELANGANA

Decided On February 28, 2022
Ramaraj Sitarama Rao Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This writ petition is filed challenging the order of the respondent No. 2 in old Case No. F2/4768/2018 dtd. 9/6/2021 wherein the revision filed by the petitioner seeking cancellation of pattadar passbooks and title deeds issued in favour of the respondent Nos. 5 to 23 in respect of lands in Sy. No. 18 (Acs. 9.31 guntas), Sy. No. 20 (Acs. 9.22 guntas), Sy. No. 21 (Acs. 2 20 guntas), Sy. No. 25 (Acs. 21.05 guntas), Sy. No. 174 (Acs. 2.23 guntas), Sy. No. 175 (Ac. 1.25 guntas) and Sy. No. 176 (Ac. 0.29 guntas) totally admeasuring Acs. 48.35 guntas situated at Naseempet Village, Atmakur (S) Mandal, Suryapet District, was dismissed.

(2.) Petitioner stated that the impugned order was passed without application of mind and recording any reasons and without adverting to documents/submissions of the petitioner and thereby violating the provisions of the Telangana Rights in Land and Pattedar Passbooks Act, 2020 (for short 'the Act of 2020') and Sec. 5(A) of the Rights in Land and Pattedar Passbooks Act, 1971 (for short 'the Act of 1971') and Articles 14, 19 and 300-A of the Constitution of India.

(3.) It is the case of the petitioner that his maternal grandmother, namely, Smt. Guduru Radhamma W/o sitarama rao Guduru, was the exclusive owner and possessor of the land admeasuring Acs. 48.35 guntas in Sy. Nos. 18, 20, 21, 25, 174, 175 and 176 situated at Naseempet Village, Atmakur (S) Mandal, Suryapet District (subject property). The said land was bequeathed in favour of her daughter i.e. petitioner's mother as 'Pasupu Kunkuma' vide registered will deed executed on 15/6/1967. The property was mutated in the name of the mother of the petitioner, namely, Ramaraju Jankamma, by the respondent No. 4 vide proceedings File No. A/721/827 during the year 1987. The mother of the petitioner was issued pattadar passbooks. Petitioner's mother bequeathed the property to the petitioner vide will deed and also executed a GPA in favour of the petitioner vide registered document dtd. 17/8/1987. The mother of the petitioner expired on 10/3/1991. Upon death of his mother, the petitioner became the absolute owner of the subject property.