MEKALA BIXAPATHI BUCHAIAH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari calling for records relating to in connection with order in case No.F2/2108/2021, dtd. 23/6/2021 passed by the Special Tribunal, Edadari Bongir District.

(2.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for the Revenue and Sri C.V.Narshima Goud, learned counsel appearing for respondent Nos.6 to 8.

(3.) The impugned order dtd. 23/6/2021 came to be passed in exercise of the power under Sec. 16 of Rights in land and Pattadar Passbook Act 2020 by the special Tribunal Yadadiri Bhuvanagiri District, The subject matter of this writ petition is an extent of Ac.1-07 Gts of land situated in Survey No.86/B/B (Ac.1-04 Gts) and 87/B/B (Ac.0-03 Gts ). The undisputed facts are that the said extent of Ac.1-07 Gts fell to the share of one Mekala Narsaiah, S/o.Yadagiri who is the husband of the respondent No.6 and father of respondent Nos.7 and 8 herein. After the demise of said Mekala Narsaiah, his mother Mekala Chandramma got the same mutated in her name and in turn she executed a registered gift settlement deed in favour of one Mekala Buchaiah S/o.Yadagiri. However, the said extent of land was mutated in the name of the petitioner No.1 herein. The respondent No.6 to 8 herein who are the wife and daughters of late Mekala Narsaiah, having come to know about mutation of the name of the Mekala Chandramma and further mutation of the name of petitioner No.1 herein filed an appeal under Sec. 5(5) Rights in Land and Pattadar Passbook Act, 1971 (for short 'Act 1971 ') before the respondent No.4 herein. However, consequent upon repeal of the Act 1971 the said appeal got transferred in terms of Sec. 16 of Act and the same was adjudicated before the Special Tribunal and an order dtd. 2/2/2021 came to be passed thereby setting aside the entries made in favour of the petitioner No.1 herein and directing for restoring the names of the respondents No.6 to 8 herein.