CHALLAGONDLA SHARADA DEVI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The subject matter of these two (02) Writ Petitions is one and the same and between the same parties and hence, both the Writ Petitions are disposed of by this Common Order.

(2.) The petitioner in both the Writ Petitions is one Challagondla Sharada Devi, who is the daughter of Smt. Takkellapati Usha Rani, daughter of Late Vipparla Mangaiah. It is the case of the petitioner that her grandfather, namely Vipparla Mangaiah, was the original owner and pattadar of land admeasuring Acs.12.00 gts., situated in Sy.Nos.335, 365, 276 and 277 of Raghunadhapalem Village, Khammam Urban Mandal, Khammam District, and he executed a registered gift settlement deed, dtd. 7/4/1971 in favour of the mother of the petitioner namely smt. Takkellapati Usha Rani, vide Doc. No.945 of 1971 in respect of the said extent of land. It is also the case of the petitioner that the said land, which was gifted in favour of the petitioner's mother, was included in the holding of Sri Vipparla Mangaiah under the proceedings initiated under the Urban Land (Ceiling and Regulation) Act, 1976 and the said extent of land was finally deleted from the holding of the said Sri Vipparla Mangaiah, as the same was gifted in favour of the mother of the petitioner herein. The same is also stated to be confirmed by this Court, in a Civil Revision Petition. While the mother of the petitioner was staying away from the village where the subject lands are situated, the grandfather of the petitioner who is said to be passed away in the year 2000, used to look after the said lands. After the demise of Sri Vipparla Mangaiah, the mother of the petitioner stated to have approached respondent No.4 herein requesting for mutation of her name in ROR and for issuing Pattadar Pass Books, but the same was not considered and finally it came to the notice of the mother of the petitioner that the names of respondent Nos.5 to 11 herein have been mutated in the Revenue records and Pattadar Pass Book and title deeds were issued in their names in respect of the subject land. Having noticed the same, the mother of the petitioner herein filed appeal under sub Sec. (5) of Sec. 5 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act, 1971') before respondent No.3 herein and the said appeal No.A3/4723/2012 was allowed by respondent No.3 herein, by an order, dtd. 1/2/2013, cancelling the Pattadar Pass Books issued in the name of respondent Nos.5 to 11 and remanding the matter back for fresh consideration to respondent No.4 herein. During pendency of the appeal before respondent No.3, the mother of the petitioner, who was the appellant in the said appeal, passed away and the petitioner herein, who is the sole legal-heir of Smt. Takkellapati Usha Rani, came on record as appellant in the said appeal.

(3.) Aggrieved by the said order, dtd. 1/2/2013, respondent Nos.5 to 11 herein filed Revision Petition under Sec. 9 of the Act, 1971 before respondent No.2 herein and the said Revision Petition was allowed by respondent No.2 by an order, dtd. 7/4/2017, in Revision Petition No.07 of 2013 by setting aside the order dtd. 1/2/2013 passed by respondent No.3 herein. Aggrieved by the said order dtd. 7/4/2017 passed by respondent No.2 herein, the petitioner filed Writ Petition No.37653 of 2017.