J.Venkataiah vs State Of Telangana And 5 Others

The subject matter of the these two (02) Writ Petitions is one and the same and parties in the both the Writ Petitions are common and hence, both the Writ Petitions are disposed of by this common order.

W.P.No.25181 of 2019 is filed questioning the orders passed by respondent No.2-Revenue Divisional Order (for short ‘RDO’), in R.C.No.A/1248/2019, dated 21.09.2019, wherein the Pattadar Pass Books issued in favour of petitioner No.1 in W.P.No.25181 of 2019 were cancelled in respect of the land admeasuring Acs.2.00 gts., situated in Sy.No.347/B/1/1 of Bheemaram Village, Hasanparthy Mandal, Warangal District. This Court, by an order dated 18.11.2019, granted interim suspension of the operation of the impugned order dated 21.09.2019. In view of the suspension order passed by this Court on 18.11.2019, petitioner No.1 approached the respondent-authorities requesting for mutation and issuance of Pattadar Pass Book-cum-title deeds by submitting an online application. By considering the said online application, the case of petitioner No.1 was considered for mutation and for issuance of Pattadar Pass Book in his name in respect of the subject property. At that stage, respondent No.4 in W.P.No.25181 of 2019 approached this Court by filing W.P.No.29039 of 2022 assailing the action of respondent- authorities in considering the online application submitted by petitioner No.1 in W.P.No.25181 of 2019 on the ground of violation of principles of natural justice and also on the ground that they have already filed vacate application in W.P.No.25181 of 2019 and the same is pending for consideration before this Court besides several other grounds.

When W.P.No.29039 of 2022 came up for admission, this Court directed for listing of W.P.No.25181 of 2019 also along with W.P.No.29039 of 2022. Thus, both the matters are listed for consideration before this Court. The relief sought in W.P.No.29039 of 2022 is dependent on the result of W.P.No.25181 of 2019. Hence, it is appropriate to consider W.P.No.25181 of 2019 first.

Heard Sri C.Raghu, learned counsel for the petitioners, Sri R. Rajendra Prasad, learned counsel for respondent No.4, Sri T.Ranadhir Singh, learned counsel for respondent No.5, and Sri Sudarshan Malugari, learned counsel for the petitioner in W.P.No.29039 of 2022 and learned Assistant Government Pleader for Revenue for official respondents in both the Writ Petitions.

W.P.No.25181 of 2019

As already noted above, W.P.No.25181 of 2019 was filed against the order, dated 21.09.2019 passed by the respondent-RDO, Warangal Urban, Warangal District. From the material on record, it is noticed that aggrieved by the very same order, dated 21.09.2019, the petitioner has already filed a Revision Petition under Section 9 of the Telangana Rights in Land and Pattadar Pass Books Act, 1971( for short ‘the Act, 1971’), before the Joint Collector, Warangal District on 01.11.2019 and during the pendency of the said Revision Petition, the very same petitioner approached this Court by filing W.P.No.25181 of 2019 and obtained interim suspension of the operation of order passed by the respondent-RDO. In the affidavit filed in support of the said Writ Petition, it is specifically contended by the petitioner that the petitioners have no efficacious alternative remedy and hence, they are invoking the jurisdiction of this Court under Article 226 of the Constitution of India. The contentions of the learned counsel appearing for respondent Nos.4 and 5 that the Writ Petitioners have already availed alternative remedy of Revision under Section 9 of the Act, 1971 and suppressing the said fact, they have approached this Court by filing the Writ Petition assailing the order passed by the respondent-RDO, dated 21.09.2019 is not denied by the petitioners. It is also brought to the notice of this Court that the said Revision Petition filed by the petitioners came to be transferred to the Special Tribunal constituted under Section 16 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020, and the same was also disposed of by an order, dated 06.02.2021. It is also not in dispute that the said order passed by the Special Tribunal has become final.

The very action of the petitioners in filing the Writ Petition before this Court under Article 226 of the Constitution of India by categorically stating that they have no other alternative remedy available under law is found to be totally false. In view of the fact that they have already availed such alternative remedy available to them under Section 9 of the Act, 1971, by the date of filing the said Writ Petition, for the reasons best known to the petitioners, they have filed the Writ Petition without disclosing the fact of filing of the Revision Petition under Section 9 of the Act, 1971 before the Joint Collector, Warangal District. Therefore, the said Writ Petition is liable to be dismissed on the sole ground of suppression of the material fact and availability of an effective alternative remedy of Revision, especially in the context of disposal of the said Revision Petition by order, dated 06.02.2021, the impugned order in this Writ Petition merged with the order, dated 06.02.2021.

However, taking into consideration the fact that, much water has flown after passing of the impugned order by the respondent-RDO, this Court is not inclined to dismiss the said Writ Petition on that sole ground. As is evident from the averments made in the affidavit filed in support of W.P.No.25181 of 2019 and the counter affidavits filed by respondent Nos.4 and 5, there are certain civil suits pending between the parties in respect of the very same subject property and adjudication of the said civil suits is yet to be concluded by the concerned civil Court. The petitioners in both the Writ Petitions are making rival claims over the very same property, however, for different extents on different grounds and claiming their title through different source. As already noted above, there are civil suits that are pending between the petitioners in both the Writ Petitions and some other third parties in respect of the very same subject property.

From a perusal of the contentions raised on either side, it is seen that, there are several factual aspects that are required to be decided in order to arrive at a right and just conclusion in the matter and to adjudicate the claim of the rival parties herein. Learned Special Tribunal, while passing an order, dated 06.02.2021, in a Revision Petition filed by the petitioners in W.P.No.25181 of 2019, has held that the disputes that are pending among the petitioners in both the Writ Petitions are required to be decided by a competent civil Court and the said order passed by the Special Tribunal on 06.02.2021 remained unchallenged as on date.

In the light of the above, and especially taking into consideration the fact that civil suits in O.S.Nos.889 of 2015, 1024 of 2016 and 387 of 2019 are pending for adjudication before the competent civil Court between the parties herein, this Court is of the considered view that, it would be inappropriate to render any finding on the factual aspects or with regard to the entitlement or disentitlement of the respective parties to claim for mutation/issuance of Pattadar Pass Book-cum-title deeds etc. As already noted above, W.P.No.25181 of 2019 is liable to be dismissed on the ground of suppression of material facts. But, taking into consideration of the Judgment passed by a Division Bench of this Court in the case of Ratnamma v. RDO, Dharmavaram 2015 (6) ALD 609 wherein it was held that the respondent-RDO has no authority to entertain an appeal against issuance of Pattadar Pass Book-cum-title deeds and the impugned order passed by the respondent-RDO is one such order passed in an appeal filed against issuance of Pattadar Pass Book-cum-title deeds. This Court is inclined to hold that the impugned order is the one passed without any authority or jurisdiction by the respondent-RDO.

Though this Court is inclined to set aside the impugned order in W.P.No.25181 of 2019, this Court is of the considered view that, the claim of the rival parties herein is required to be adjudicated by the competent civil Court in the pending civil suits. Any attempt if made by this Court to decide this matter on merits by considering the rival contentions and the title set up by the respective parties over the subject property would likely to effect the adjudication of the pending civil suits in either way. Therefore, this Court is not inclined to adjudicate this Writ Petition on merits with reference to the entitlement or disentitlement of the respective parties to seek mutation and issuance of Pattadar Pass Book-cum-title deeds in respect of the subject property.

Under the above circumstances, this Court is of the considered view that, it would be in the interest of justice to leave it for the competent civil Courts where the above referred civil suits are pending, to decide the right and entitlement of the respective parties by following due process of law, and the entries in the Revenue records in respect of the subject property shall not be allowed to be changed or altered pending disposal of the civil suits referred to above between the parties.

In the light of the above the impugned order, dated 21.09.2019 is set aside, and Writ Petition is disposed of leaving it open for the petitioners and unofficial respondents to agitate their rights over the subject property in the pending civil suits or by initiating fresh proceedings as may be advised in that connection. Pending adjudication by the civil Court the official respondents are directed to maintain status quo with regard to the entries in the Revenue records in respect of the subject property till the matter is adjudicated by the competent civil Court either in the pending civil suits or in any other appropriate proceedings. Once, the disputes are adjudicated by the competent civil Court either way, the parties are given liberty to approach the Revenue authorities seeking amendment of Revenue records or for change of entries in the Revenue records etc., in terms of the order that may be passed by the competent civil Court.

W.P.No.29039 of 2022

In the light of the order passed in W.P.No.25181 of 2019 no separate order need be passed in this Writ Petition and the same is hereby disposed of interms of the order in W.P.No.25181 of 2019.

As a sequel, miscellaneous applications, pending if any in this Writ Petition, shall stand closed. There shall be no order as to costs.