MUKKU SHIVAMMA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Mr. Vivek Jain, learned counsel appears for the appellants.

(2.) This intra court appeal emanates from an order dtd. 19/9/2023 passed by the learned Single Judge by which Writ Petition No.37864 of 2018 preferred by the appellants has been dismissed.

(3.) Facts giving rise to filing of this appeal briefly stated are that one Smt. Radha Bai Dubey was the owner and in possession of land situate in Survey Nos.35 and 36 of Vattinagulapally Village, Rajendranagar Mandal, Ranga Reddy District. On her death, the property devolved on her three sons. Each one of the sons succeeded to an extent of land measuring Acs.10.28 guntas. An agreement of sale dtd. 15/7/1978 was executed by all the three sons of aforesaid late Smt. Radha Bai Dubey in favour of one T. Sathaiah at the rate of Rs.1,500.00 per acre. Thereafter, one of the sons, namely, Shyamlal Prasad Dubey and other two brothers have executed registered sale deeds in favour of the son of aforesaid T. Sattaiah in respect of land measuring 25 acres in Survey Nos.35 and 36 which includes a part of the land covered under the agreement of sale. Aforesaid Sattaiah approached the Tahsildar, Rajendranagar, seeking regularization of sale in respect of land measuring Acs.6.30 guntas situate in Survey Nos.35 and 36 on the strength of agreement of sale under Sec. 5A of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as 'the 1971 Act'). The Tahsildar by an order dtd. 22/10/1994 directed regularization in respect of an area measuring Acs.6.30 guntas.