Vadla Konda Lingavva, v. The State Of Telangana, Rep. By Its Principal Secretary,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.27374 OF 2016 ORDER:

The case of the petitioners is that 1st petitioner's husband and the father of the petitioners 2 to 4 are the owners and possessors of agricultural land in Sy.No.510/B to an extent of Ac.4-10 guntas situated at Peddakodur Village, Chinnakodur Mandal, Medak District.

While so, one Venkat Reddy filed O.S.No.49/1972 in respect of above Sy.No.510/B for declaration and perpetual injuction against the 1st petitioner's husband and others. The said suit was dismissed vide judgment dated 24.12.1974. Against the same, he preferred an appeal in A.S.No.53/1974 and the same was also dismissed. Even the S.A.No.40/1976 filed against the first appeal was also dismissed vide order dated 20.09.1976. Thereafter, compromise was affected between the parties and as per the compromise, the 1st petitioner's husband was succeeded to an extent of AC.331 guntas in Sy.No.510/B and the Lok Adalath, Siddipet passed an award dated 01.02.2003 declaring the 1st petitioner as the owner and possessor of the above said land.

While so, the 1st petitioner's husband when approached the revenue authorities for pahanies for the year 2006-2007, found that the 5th respondent's name was mutated in respect of above said land vide proceedings No.B/5867/2005, dated 05.01.2006 and 13-B certificate was also issued in her favour. Regarding the same, when he made an application for correction of entries, the revenue officials endorsed that the file is not traceable. On 18.07.2009, he made a complaint and police investigated the matter and filed charge sheet and the same was numbered as C.C.No.791/2009 and the same was ended in acquittal on 22.07.2014. Meanwhile, the 1st petitioner's husband died leaving behind the petitioners and one V.Srinivas Reddy. Thereafter, the petitioners were in physical possession and enjoyment of the above said land.

After obtaining the certified copies of the proceedings in CC.No.791/2009, the petitioners filed appeal No.D/2009/2015 on 18.03.2015. In the said appeal, Sujatha arrayed as respondent and filed a counter stating that she is the legally wedded wife of Srinivas Reddy and that Srinivas Reddy is the son of the 1st petitioner's husband and that he has executed a gift deed in respect of land in Sy.No.510/B and subsequently the said Sujatha gifted Ac.3-31 guntas out of total Ac.

Supriya by way registered gift deed dated 29.09.2008 and her name was also mutated in the revenue records vide proceedings dated 11.11.2008. The said appeal was dismissed by the 3rd respondent vide order dated 29.07.2016 on the ground of limitation. Aggrieved by the same, the present writ petition is filed. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.

Even according to the petitioners, the land was mutated in the name of the 5th respondent as per the proceedings dated 05.01.2006 and the appeal filed by the petitioners in the year 2015 was dismissed on the ground that the appeal is barred by limitation. A perusal of the appeal shows that the appeal is filed after 10 years and no valid reason is shown for the delay and these are all disputed questions of facts which cannot be gone into in the writ petition. The petitioner has an alternative remedy under Section 8(2) of the Andhra Pradesh Rights in Lands and Pattadar Pass Books Act, 1971 (for short 'the Act'). In view of the same, I do not see any merit to entertain the writ petition. Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to avail alternative remedy available under Section 8(2) of the Act. No costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed.

_________________________ A.RAJASHEKER REDDY,J 19-08-2016 dv