Battula Buchhaiah vs The District Collector on 22 July, 2026

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    Telangana High Court

    Battula Buchhaiah vs The District Collector on 22 July, 2026

            HIGH COURT FOR THE STATE OF TELANGANA AT
                                     HYDERABAD
    
           HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY
    
                                   WP No.12297 of 2019
    
                           DATE OF ORDER:22.07.2026
    
    Between
    
    Battula Buchhaiah
                                                                     ....Petitioner
    And:
    
    The District Collector
    Manchiryal and three others.
                                                                 .... Respondents
    
    ORDER:

    This Writ petition is filed to issue a Writ of Mandamus declaring the

    Proc.Rc.No.B/2049/2013 dated 12.02.2014 issued by respondent No. 3 in

    SPONSORED

    incorporating the name of respondent No.4 in the Revenue Records to the

    extent of Ac.0.10 Guntas of Agriculture Land in Sy.No.18 situated at

    Velganoor Village, Dandepally Mandal, Manchiryal District, (hereinafter

    referred to as ‘the subject land’) basing upon an invalid decree dated

    17.09.1991 in OS.No.1124/1991 without considering the objections filed by

    the petitioner and further not disposing the appeal filed by the petitioner

    04.09.2018 by respondent No.1 as illegal, arbitrary, discriminatory and

    subversive of Articles 14 and 16 of the Constitution of India.
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    WPNo.12297 of 2019

    2. Heard Sri CH.Jagannatha Rao, learned Counsel for petitioner, Sri

    K.Sarva Bhouma Rao, learned counsel for respondent No.4 and learned

    Assistant Government Pleader for Revenue.

    3. The petitioner claims to have acquired rights over agriculture land

    admeasuring Ac.0.10 Guntas in Sy.No.18, situated at Velganoor Village,

    Dandepally Mandal, Manchiryal District, under an Agreement of Sale dated

    12.04.1999 executed by one Akkala Chandraiah, and asserts that he has been

    in possession by cultivating the land since the date of the said transaction.

    According to the petitioner, though registration of the sale deed was delayed

    due to the requirement of obtaining the signatures of all the brothers of his

    vendor, he continued to remain in possession of the land. The petitioner also

    relies upon a subsequent revised sale agreement dated 05.09.2003, which,

    clarified the extent and boundaries of the land agreed to be sold.

    4. Respondent No.4, on the other hand, claims title and possession over

    the very same extent of land on the strength of a decree and judgment dated

    17.09.1991 passed by the Court of the District Munsif, Luxettipet, in

    O.S.No.1124 of 1991, which was filed for declaration of title and injunction.

    Respondent No.4 approached the revenue authorities seeking

    implementation of the said decree by effecting consequential mutations in

    the revenue records. Pursuant thereto, proceedings were initiated by the

    Tahsildar, Dandepally Mandal, in Proc.No.B/2049/2013, notices were issued
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    to the concerned parties, objections were received, and upon conclusion of

    the enquiry, the Tahsildar, by proceedings dated 12.02.2014, directed

    implementation of the civil court decree by incorporating the name of

    respondent No.4 in the relevant revenue records in respect of the subject

    land.

    5. Aggrieved by the proceedings dated 12.02.2014 directing mutation of

    the subject land in favour of respondent No.4, the petitioner is stated to have

    made several representations/appeals before the competent revenue

    authorities, the last one being made on 04.09.2018, seeking to set aside the

    mutation orders, dated 12.02.2014 and to incorporate his name in the

    revenue records. Assailing the legality of the proceedings, dated 12.02.2014,

    and alleging inaction on the part of the appellate authority in considering the

    appeal filed by him, the petitioner has instituted the present Writ Petition.

    6. In the counter-affidavit filed by respondent No.4, it is stated that the

    decree in the suit filed in respect of the subject land has attained finality and

    as such, is binding on all the parties. Respondent No.4, therefore, opposed

    the claim of the petitioner and asserted that after due notice and opportunity

    to being heard to the parties, the impugned proceedings was issued for

    implementation of the decree passed by civil court.

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    7. Learned counsel for the petitioner submitted that the dispute

    essentially pertains to title and possession over the subject land, which is

    already sub judice before the competent civil Court.

    7.1. He further submitted though the registration of the sale deed could

    not be completed due to requirement of obtaining the signatures of brothers

    of the vendor, who are the joint pattadars, the petitioner has been in

    continuous possession by cultivating the subject land from the date of

    agreement of sale i.e. 12.04.1999. He further submitted that the original

    agreement of sale mentioned the extent as Ac.0.14 guntas, which was

    subsequently rectified by a revised Agreement of Sale dated 05.09.2003,

    wherein the land agreed to be sold was revised to Ac.0.10 guntas, specifying

    the boundaries, and the vendor undertook to execute the registered sale deed

    whenever required.

    7.2. Learned Counsel for petitioner further submitted that respondent

    No.4, made a representation dated 10.09.2013, seeking implementation of a

    decree dated 17.09.1991 passed in O.S. No.1124 of 1991, for mutation of his

    name in the revenue records in respect of subject land after an unexplained

    delay of nearly twenty two years. He further submitted that respondent No.4

    was never in possession of the subject land, either before or after the decree

    and therefore, he could not seek mutation of his name in revenue records

    solely on the strength of the said decree.

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    WPNo.12297 of 2019

    7.3. He further submitted that pursuant to the notice issued by respondent

    No.3, petitioner submitted a detailed representation dated 17.12.2013 stating

    that he had been in continuous possession and cultivating the subject

    agricultural land since the year 1999 by raising various crops, and requested

    to furnish copies of all documents relied upon by respondent No.4, including

    the alleged decree, and sought reasonable time to submit a detailed

    explanation. However, respondent No.3 allegedly failed to furnish the

    requested documents, thereby depriving the petitioner an effective

    opportunity to place his defence; that the petitioner had brought to the notice

    of respondent No.3 that his name had already been entered in the pahanies

    for the years 2010-11 to 2013-14, after due enquiry by respondent No.3’s

    office, and further, sought to conduct field enquiry, supply of pahani copies

    from the years 1999-2000 to 2012-2013; that the petitioner has made another

    representation dated 19.12.2013 requesting respondent No.3 to furnish

    pahanies from the year 2011-2012 onwards to substantiate his claim of

    possession, but respondent No.3 did not furnish the same.

    7.4. Learned Counsel further submitted that respondent No.3, acting at

    the instance of respondent No.4 and in collusion with the petitioner’s vendor,

    illegally issued proceedings dated 12.02.2014 directing mutation of name of

    respondent No.4 in the revenue records without conducting a proper enquiry

    and without considering the petitioner’s objections and hence, the impugned
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    proceedings dated 12.02.2014 is contrary to the provisions of the Act, 1971

    and the Rules framed thereunder and is accordingly unsustainable.

    7.5. He further submitted that the decree in O.S. No.1124 of 1991, relied

    upon by respondent No.4, had become incapable of execution after the

    expiry of the prescribed period of limitation and therefore, could not be the

    basis for effecting mutation in the revenue records; and that the impugned

    mutation proceedings founded upon such a stale and unenforceable decree

    are wholly invalid.

    7.6. Learned Counsel for petitioner further submitted that being

    aggrieved by the proceedings dated 12.02.2014, the petitioner submitted

    several representations and appeals, including an appeal dated 04.09.2018

    before respondent No.1 seeking cancellation of the mutation effected in

    favour of respondent No.4 and requesting mutation of the petitioner’s name,

    but the respondent No.1 has failed to dispose of the said appeal till date. By

    contending as above, learned counsel finally submitted that the impugned

    proceedings dated 12.02.2014 are arbitrary, illegal and violative of the

    principles of natural justice and hence, are liable to be set aside.

    8. Per contra, learned counsel for respondent No.4 submitted that the

    present Writ Petition is not maintainable either in law or on facts, and is

    liable to be dismissed in limine, as it involves disputed questions relating to

    title and possession of immovable property, which cannot be adjudicated in
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    proceedings under Article 226 of the Constitution of India and required to be

    adjudicated by a competent Civil Court.

    8.1. Learned counsel further submitted that respondent No.4 is the

    absolute owner and lawful possessor of the subject land, having obtained a

    decree dated 17.09.1991, in O.S.No.1124 of 1991 on the file of the District

    Munsiff, Luxettipet, declaring his title and possession over the subject land,

    which has attained finality.

    8.2. Learned counsel further submitted that pursuant to the said decree,

    respondent No.4 approached the Mandal Revenue Officer, Dandepally, for

    implementation of the decree in the revenue records, who after issuing

    notice to all parties concerned, affording the petitioner adequate opportunity

    of hearing, considering the written objections of the petitioner and the

    material placed on record, vide Proc.No.B/2049/2013, dated 12.02.2014,

    directed implementation of the civil court decree by incorporating the name

    of respondent No.4 in the revenue records and consequently issued Pattadar

    Passbook in his favour. He further submitted that respondent No.4 has

    remained in continuous and peaceful possession of the subject land and in

    fact, the pahanies from the year 1999 consistently reflect his name as owner

    and possessor of the subject land.

    8.3. He further submitted that the petitioner’s claim based on the alleged

    Agreement of Sale dated 12.04.1999 is wholly untenable, as the said
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    document is, in substance, an unregistered sale deed, which neither conveys

    title nor creates any legally enforceable right in his favour; that during the

    enquiry before the Tahsildar, the alleged vendor, Akkala Chandraiah, gave a

    written deposition dated 17.04.2013, wherein he categorically denied

    execution of the purported sale deed and stated that the document was

    forged and fabricated. He further submitted that one Akkala Ramaiah,

    brother of the petitioner’s alleged vendor, also confirmed that his brother

    sold away the subject land to respondent No.4 and decree was passed by

    civil Court in favour of respondent No.4 and as such, Akkala Chandraiah,

    alleged vendor of petitioner, had no right or title to sell the subject land.

    8.4. Learned counsel further submitted that respondent No.3, after

    considering the oral and documentary evidence, recorded a finding that the

    petitioner’s claim was founded upon an unregistered and forged document

    and that the alleged vendor had no title over the subject property; that the

    petitioner failed to produce any valid document establishing either title or

    possession over the subject land. He further submitted that the impugned

    proceedings were passed strictly in accordance with Rule 5-A of the Act,

    1971 and Rule 27(4) of the A.P. Rights in Land and Pattadar Pass Books

    Rules, 1989, which mandate implementation of binding civil court decrees

    in the revenue records; that there is no limitation for implementation of such
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    decrees and that the Tahsildar was duty-bound to give effect to the decree

    passed by the competent Civil Court.

    8.5. Learned counsel for Respondent No.4 further submitted that the

    allegation regarding denial of reasonable opportunity to the petitioner is

    factually incorrect, as the petitioner was issued notice, appeared through

    counsel, filed his written objections and was granted sufficient time to

    present his case before the Tahsildar prior to passing the impugned order;

    that the petitioner has not availed the statutory remedy available under the

    revenue laws and that a mere representation cannot be treated as a statutory

    appeal. He further contended that having failed to pursue the prescribed

    remedy, the petitioner cannot invoke the extraordinary jurisdiction of this

    Court.

    8.6. Learned counsel further submitted that the petitioner has suppressed

    material facts by failing to disclose the pendency of the civil suit filed by

    him for specific performance of the alleged agreement of sale dated

    12.04.1999, which appears to be not yet numbered. He further submitted that

    respondent No.4 has also instituted a civil suit for perpetual injunction in

    respect of the subject land, wherein the Junior Civil Judge at Luxettipet

    granted an interim injunction dated 07.02.2020 restraining the petitioner

    from interfering with possession of respondent No.4.
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    8.7. Learned counsel submitted that the petitioner has no right, title or

    interest over the subject property and is attempting to disturb lawful

    possession of respondent No.4 by relying upon a forged, unregistered and

    unstamped document; that the present Writ Petition is an attempt to

    circumvent the pending civil proceedings, overreach the subsisting

    injunction order and misuse the writ jurisdiction for adjudication of disputed

    questions of title and possession. He finally submitted that it is well settled

    by the Hon’ble Supreme Court that writ jurisdiction ought not to be

    exercised in cases involving disputed questions of title and possession,

    particularly where an efficacious alternative remedy is available before the

    Civil Court.

    9. In support of his submissions, learned counsel for respondent No.4

    placed reliance on the following judgments:-

    10. In Surya Dev Rai v. Ram Chander Rai1, the Hon’ble Supreme

    Court held as under:

    “Supervisory jurisdiction may be refused to be exercised when
    an alternative efficacious remedy by way of appeal or revision
    is available to the person aggrieved. So long as an error is
    capable of being corrected by a superior court in exercise of
    appellate or revisional jurisdiction, though available to be
    exercised only at the conclusion of the proceedings, it would
    be sound exercise of discretion on the part of the High Court

    1
    (2003) 6 SCC 675
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    to refuse to exercise the power of superintendence during the
    pendency of the proceedings. However, there may be cases
    where but for invoking the supervisory jurisdiction, the
    jurisdictional error committed by the inferior court or tribunal
    would be incapable of being remedied once the proceedings
    have concluded.”

    11. In State of Rajasthan v. Bhawani Singh2, the Hon’ble Supreme

    Court at paras 7, 9 and 10 of the judgment, has held as under:

    “It is evident from the facts stated hereinabove that the title of
    the writ petitioner is very much in dispute. Disputed question
    relating to title cannot be satisfactorily gone into or
    adjudicated in a writ petition.

    We make it clear that we express no opinion on the question
    of title put forward either by writ petitioner or his predecessor
    and the same will have to be agitated and adjudicated in an
    appropriate forum if and when the occasion arises.

    12. In Roshina.T. Vs. Abdul Azeez K.T. 3, the Hon’ble Apex Court has

    held as under:

    “The High Court unnecessarily went into all the questions of
    fact arising in the case on the basis of factual pleadings in
    detail and recorded a factual finding that it was Respondent 1
    (writ petitioner) who was in possession of the flat and,
    therefore, he be restored with his possession of the flat by the
    appellant.

    While so directing it exceeded its extraordinary jurisdiction
    conferred under Article 226 of the Constitution which was not
    2
    1993 (1) SCC 306
    3
    (2019) 2 SCC 329
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    permissible. The High Court in granting the relief had
    virtually converted the writ petition into a civil suit and itself
    to a civil court. The filing of the writ petition was wholly
    misconceived. It deserved dismissal in limine on the ground of
    availability of alternative remedy of filing a suit by Respondent
    1 (writ petitioner) in the civil court.

    A regular suit is the appropriate remedy for settlement of
    the disputes relating to property rights between the private
    persons. The remedy under Article 226 of the Constitution
    shall not be available except where violation of some statutory
    duty on the part of statutory authority is alleged. In such
    cases, the Court has jurisdiction to issue appropriate
    directions to the authority concerned. The High Court cannot
    allow its constitutional jurisdiction to be used for deciding
    disputes, for which remedies under the general law, civil or
    criminal are available.”

    13. In Whirlpool Corporation v. Registrar of Trade Marks 4, the

    Hon’ble Apex Court at para 20 of the judgment held as under:

    ” Much water has since flown under the bridge, but there has
    been no corrosive effect on these decisions which, though old,
    continue to hold the field with result that law as to the
    jurisdiction of the High Court in entertaining a writ petition
    under Article 226 of the Constitution, in spite of the
    alternative statutory remedies, is not effected, especially in
    case where the authority against whom the writ is filed is
    shown to have had no jurisdiction or had purported to usurp
    jurisdiction without any legal foundation.”

    4

    (1998) 8 SCC 1
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    14. This Court has given its earnest consideration to the rival

    submissions advanced by the learned counsel appearing for both the parties

    and perused the entire material available on record.

    15. The principal issue that fall for consideration is:

    Whether the impugned Proceedings dated 12.02.2014
    issued by respondent No.3, incorporating the name of
    respondent No.4 in the revenue records in respect of
    subject land, on the basis of the decree dated 17.09.1991
    passed in O.S.No.1124 of 1991, after a lapse of about 22
    years, warrants interference by this Court?

    16. At the outset, in order to examine the issue, it is necessary to advert to

    the statutory scheme governing the incorporation of rights in the revenue

    records. The controversy essentially pertains to the implementation of a

    Civil Court decree after an inordinate lapse of time and the legality of the

    consequential mutation effected by the revenue authorities.

    17. It is pertinent to refer to Section 4 of the Andhra Pradesh Rights in

    Land and Pattadar Pass Books Act, 1971 and Article 136 of the Limitation

    Act, 1963 in this context.

    18. Section 4 of the Act, 1971 reads as follows:

    “Any person acquiring by succession, survivorship,
    inheritance, partition, Government patta, decree of a Court
    or otherwise any right as owner, pattadar, mortgagee,
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    occupant or tenant of a land and any person acquiring any
    right as occupant of a land by any other method shall
    intimate in writing his acquisition of such right to the Mandal
    Revenue Officer within 90 days from the date of such
    acquisition, and the said Mandal Revenue Officer shall give
    or send a written acknowledgement of the receipt of such
    intimation to the person making it.”

    19. Article 136 of the Limitation Act, 1963, mandates as under:

    “For the execution of any decree (other than a decree
    granting a mandatory injunction) or order of any civil court,
    the period of limitation is twelve years from the date when the
    decree becomes enforceable: Provided that an application for
    the enforcement or execution of a decree granting a perpetual
    injunction shall not be subject to any period of limitation.”

    20. A conjoint reading of the aforesaid provisions indicates that where

    rights are claimed on the basis of a decree passed by a Civil Court, the

    person acquiring such rights is required to intimate the competent revenue

    authority within the prescribed period for incorporation of the consequential

    entries in the revenue records.

    21. A perusal of the material available on record discloses that

    respondent No.4 claims rights over the subject land on the strength of the

    judgment and decree dated 17.09.1991 passed in O.S. No.1124 of 1991. It is

    not in dispute that the said decree attained finality. However, it is equally

    evident from the record that respondent No.4 approached respondent No.3
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    for implementation of the said decree only in the year 2013, i.e., nearly

    twenty two years after the passing of the decree. Further, it is discernible

    from the record that no satisfactory explanation has been placed before this

    Court explaining the extraordinary delay in seeking implementation of the

    decree before the revenue authorities. The record does not indicate any

    circumstances which prevented respondent No.4 from approaching the

    competent authority within a reasonable time after obtaining the decree.

    22. The latin maxim vigilantibus et non dormientibus jura subveniunt,

    which means that the law assists those who are vigilant and not those who

    sleep over their rights, aptly applies to the facts of the present case. A litigant

    who chooses to remain inactive for an inordinate period cannot ordinarily

    seek the discretionary indulgence of the Court/quasi-judicial authorities

    without offering any satisfactory explanation for such delay. The above

    principle unequivocally recognizes that unexplained delay has a direct

    bearing upon the exercise of discretionary jurisdiction under Article 226 of

    the Constitution of India.

    23. Applying the aforesaid principles to the facts of the present case, it is

    evident that respondent No.4 sought implementation of the decree only after

    an unexplained lapse of approximately twenty two years. Such inordinate

    delay undoubtedly raises serious concerns regarding the propriety of
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    entertaining the request for mutation solely on the basis of a decree obtained

    decades earlier.

    24. That, in the absence of any satisfactory explanation, a party/litigant

    is not entitled to seek equitable relief. The quasi-judicial authorities as well

    as this Court while exercising discretionary jurisdiction are expected to take

    into account the conduct of the parties and also the aspect of delay.

    25. It is also essential to refer to Section 8(2) of the Act, 1971. A plain

    reading of the aforesaid provision makes it abundantly clear that where an

    entry in the record of rights gives rise to a dispute regarding title, the

    appropriate remedy available to the aggrieved party is to institute a civil suit

    seeking declaration of title. The statutory scheme, therefore, clearly

    contemplates that disputes involving rival claims of ownership are to be

    adjudicated by the competent Civil Court, and the consequential revenue

    entries are required to be corrected/modified in conformity with the orders

    passed therein.

    26. The said principle has been consistently reiterated by the Hon’ble

    Supreme Court in the decisions cited supra, i.e., Surya Dev Rai Vs. Ram

    Chander Rai, State of Rajasthan Vs. Bhawani Singh and Roshina T. Vs.

    Abdul Azeez K.T.
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    WPNo.12297 of 2019

    27. In the light of the aforesaid judgments and taking into account the

    facts and circumstances of the present case, this Court is of the considered

    opinion that there is clear delay of nearly twenty two years and laches on the

    part of respondent No.4 in approaching the revenue authorities seeking to

    implement the civil Court decree, therefore, the impugned proceedings are

    liable to be set aside on that ground alone.

    28. As regards the merits of the case, the petitioner asserts his claim upon

    an Agreement of Sale, whereas respondent No.4 relies upon a Civil Court

    decree. Futher more, the petitioner’s vendor himself has disputed the alleged

    transaction during the enquiry before the revenue authorities. These

    circumstances unmistakably indicate that the dispute is no longer confined to

    the legality of the mutation proceedings but extends to the very foundation

    of the rival claims of title.

    29. Having regard to the statutory remedy contemplated under Section 8

    of the Act, 1971, and in view of pendency of the civil proceedings between

    the parties concerning title over the subject land, this Court is not inclined to

    exercise its extraordinary jurisdiction under Article 226 of the Constitution

    of India to adjudicate the present dispute. Any adjudication by this Court on

    the issues raised in the present writ petition would necessarily require

    recording findings on disputed questions of fact, which fall within the

    exclusive jurisdiction of the Civil Court. Since a civil suit between the
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    parties is already pending, it is for the competent Civil Court to adjudicate

    the rival claims on the basis of the pleadings and evidence adduced by the

    parties. This Court, therefore, refrains from expressing any opinion on the

    merits of the rival claims.

    30. Accordingly, this Writ Petition is allowed and the impugned

    proceedings are set aside, on the ground of delay alone. As regards the

    aspect of title over the subject land, the parties are at liberty to work out their

    rights and remedies before the competent Civil Court, and any findings or

    decree passed therein shall govern the consequential entries in the revenue

    records in accordance with law.

    31. Miscellaneous petitions pending, if any, shall stand closed. No costs.

    ___________________________________
    LAXMI NARAYANA ALISHETTY, J
    Date:22.07.2026
    Dr



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