Bayyapu Surender Reddy vs Joint Collector on 6 May, 2026

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    Telangana High Court

    Bayyapu Surender Reddy vs Joint Collector on 6 May, 2026

         IN THE HIGH COURT FOR THE STATE OF TELANGANA
                        AT HYDERABAD.
    
         THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                             AND
           THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
    
                         WRIT APPEAL No.118 of 2024
    
                                 Date: 06.05.2026
    
    Between :
    
    1. Bayyapu Surender Reddy
      and Three Others                          ....           Appellants
    
                                        And
    
    1.Joint Collector, Nalgonda District,
      Nalgonda and 14 others                    ....          Respondents.
    
    
    
    JUDGMENT:

    (per Hon’ble Justice Gadi Praveen Kumar)

    Heard Sri A.Venkatesh, learned Senior Counsel assisted by Sri

    SPONSORED

    Vadeendra Joshi, learned counsel representing Ms. Mubeena Fathima,

    learned counsel appearing for the appellants and Sri D.Prakash Reddy,

    learned Senior Counsel assisted by Mrs.Lalitha Gayathri, learned counsel

    appearing for the respondent Nos.4 to 15.

    2. The present Appeal is filed by the appellants/Writ Petitioner Nos.2

    to 5 assailing the order dated 19.09.2023 passed by a learned Single Judge
    2

    of this Court in I.A.No.3 of 2022 in/and W.P.No.8901 of 2008 filed for

    quashing the order passed by the respondent No.1 bearing

    No.F2/7130/2006 dated 27.02.2008 in exercise of powers conferred upon

    the said authority under Section 9 of the Telangana Rights in Land and

    Pattadar Pass Books Act, 1971 (for short ‘1971 Act’).

    3. The subject property involved in the present case is the land

    admeasuring Ac.24.18 gts and Acs.20.25 gts respectively situated in

    Sy.Nos.29 and 33, totally admeasuring Acs.45.03 gts., of Bhongir village

    and Mandal, Nalgonda District (presently in Yadadri-Bhuvanagiri

    District).

    4. The facts leading to file the Writ Petition are that the respondent

    No.12/Writ petitioner No.1 was the absolute owner, pattadar and possessor

    of the subject lands. Respondent Nos.4 and 5, claiming to have purchased

    the subject land under a simple sale deed dated 16.02.1984, approached the

    respondent No.3- The Mandal Revenue Officer (MRO) requesting for

    validation of the said simple sale under Section 5A of the 1971 Act, who

    in turn issued proceedings dated 21.09.1994 validating the simple sale

    deed and issued Certificate in Form-13B in favour of respondent Nos.4 and

    5, pursuant to which, their names were entered in the Revenue Records.
    3

    5. After about eight years, the Writ petitioner No.1 filed an Appeal in

    2002 before the respondent No.2 challenging the regularization

    proceedings, and the said Appeal was allowed by order dated 31.01.2004

    setting aside the Form-13B Certificate dated 21.09.1994 by remitting the

    matter back to respondent No.3 for conducting enquiry afresh. Pursuant to

    the said remand order, the respondent No.3 conducted enquiry and passed

    order dated 28.06.2005 recording a finding that earlier proceedings dated

    21.09.1994 failed to follow the required procedure and cancelled the Form-

    13B Certificate directing restoration of the name of Writ petitioner No.1 in

    the Revenue Records.

    6. Aggrieved by the said order, the respondent Nos.4 and 5 filed an

    Appeal under Section 5(5) of the 1971 Act before respondent No.2, who

    passed an interim order dated 03.10.2005 directing to maintain status quo

    in implementation of the order dated 28.06.2005 passed by the respondent

    No.3. During the pendency of the appeal, respondent Nos.4 and 5 invoked

    revisional jurisdiction under Section 9 before the respondent No.1 against

    the remand order dated 31.01.2004.

    7. The respondent No.1 granted an interim order suspending the earlier

    orders passed by the respondent No.3 and allowed the revision by order
    4

    dated 27.02.2008. Meanwhile, respondent Nos.4 and 5 withdrew the

    Appeal before the respondent No.2.

    8. During the pendency of the proceedings, the appellants purchased

    the subject property from Writ petitioner No.1 under registered sale deed

    dated 21.11.2005, and they also filed an application in the Revision

    petition pending then before the respondent No.1 seeking permission to

    come on record claiming right through the registered sale deed dated

    21.11.2005, which was rejected vide separate orders.

    9. The appellants and Writ petitioner Nos.1 to 5 have filed

    W.P.No.8901 of 2008 challenging the revisional order 27.02.2008 passed

    by the respondent No.1.

    10. During pendency of W.P.No.8901 of 2008, the Writ petitioner No.1

    filed an application in I.A.No.1 of 2022 seeking permission of the Court to

    engage a separate counsel along with I.A.No.3 of 2022 for withdrawal of

    the Writ Petition, contending that without his knowledge, the said Writ

    Petition was filed. By order dated 12.04.2023, I.A.No.1 of 2022 was

    allowed. On the demise of respondent No.5, respondent No.6 to 11 were

    brought on record as legal representatives of deceased respondent No.5.
    5

    11. Before the learned Single Judge, learned counsel appearing for the

    Writ petitioner No.1 contended that the Writ Petition was filed without the

    knowledge and consent of the Writ petitioner No.1; that the subject

    property was also sold to respondent No.4 and 5, and since, the Writ

    petitioner No.1 is not having any right over the subject property, he is not

    interested to pursue the Writ Petition, thereby sought permission to

    withdraw the Writ Petition.

    12. The appellants herein contended before the learned Single Judge that

    proceedings purported to have been issued under Section 5A of the 1971

    Act in favour of respondent No.4 and 5 are basing on an Agreement of sale

    dated 16.02.1984, but not a simple Sale Deed, and the same is non-est in

    the eye of law, and that the respondent No.3 issued the said proceedings

    without issuing prior notice to the Writ Petitioner No.1, the same is in

    violation of the procedure of the 1971 Act and the Rules made thereunder.

    It is further contended that respondent Nos.4 and 5, having participated in

    the remand proceedings and having availed appellate remedy there against,

    are estopped from invoking revisional jurisdiction against the remand

    order, which is filed beyond the period of limitation.
    6

    13. It was therefore contended that orders passed by respondent No.3

    under Section 5A of the 1971 Act are the result of fraud played by

    respondent No.4 and 5 against Writ petitioner No.1 and also in violation of

    principles of natural justice.

    14. In support of the above contentions, reliance was placed on the

    decisions in Chinnam Pandurangam Vs. Mandal Revenue Officer,

    Serilingampally Mandal, Ranga Reddy District and others 1, Chintapalli

    Agency Taluk Arrack Salfs Cooperative Society Ltd. and others Vs.

    Secretary (Food and Agriculture) Government of Andhra Pradesh and

    others 2, M/s.Chandni Crafts, Through Its Proprietor Ghanshyam

    Agarwal Vs. Union of India and others 3 and Ganpatbhai Mahijibhai

    Solanki Vs. State of Gujarat and others 4.

    15. Respondent Nos.4 and 6 to 11 in the Writ Petition contended before

    the learned Single Judge that it is not the open for the appellants to dispute

    that there is no proceeding issued by respondent No.3 under Section 5A of

    the 1971 Act as Writ Petitioner No.1 filed Appeal under Section 5(5) of

    the 1971 Act against the proceedings dated 21.09.1994 only, and in the

    1
    2007(6) ALD 348 (FB)
    2
    (1977) 4 SCC 337
    3
    D.B.Civil Writ Petition Nos.5460 of 2020 of Rajasthan High Court
    4
    (2008) 12 SCC 353
    7

    absence of such proceedings, the respondent No.2 entertaining the appeal

    does not arise; that respondent Nos.4 and 5 have availed the remedy of

    revision; and since there is no limitation prescribed under Section 9 of the

    Act 1971, the question of delay in approaching the revisional authority or

    failure to seek condonation of delay etc. does not arise.

    16. It is further contended that the registered General Power of Attorney

    (GPA) holder of Writ petitioner No.1 had participated in the regularization

    proceedings before the respondent No.3 resulting in issuance of the

    proceedings dated 21.09.1994 and the GPA Holder of Writ petitioner also

    conceded about the sale of subject property in favour respondent Nos.4 and

    5 and as such, the ground of non-issuance of notice to Writ petitioner No.1

    by the respondent No.3 does not arise. It is further contended that though

    Writ Petitioner No.1 disputed about the execution of the registered GPA in

    favour of Mr.Vadloju Ashok and about initiation of criminal proceedings

    against respondent Nos.4 and 5, the genuineness of the said GPA was

    established and final report filed in Crime No.66 of 2007 of Bhongir Town

    P. S also proves the same.

    17. It is further contended that once Writ petitioner No.1 has expressed

    his intention not to pursue the Writ Petition, the appellants, who purchased
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    the subject property during the pendency of the proceedings before the

    Revenue Authorities and whose application for impleadment in Revision

    proceedings before Respondent No.1 was rejected on 27.02.2008, which

    rejection was not challenged, are not entitled to pursue the Writ Petition.

    18. It is contended that the appellants are the speculative purchasers and

    at their instance only, the entire proceedings were initiated by Writ

    petitioner No.1 causing great prejudice to respondent No.4 and 5. It is

    further contended that the regularization proceedings were not issued upon

    agreement of sale dated 16.02.1984, that respondent Nos.4 and 5 have paid

    the balance sale consideration under a separate receipt dated 05.06.1984

    and after such payment only, they approached the respondent No.3 seeking

    regularization of such simple sale deed.

    19. Before the learned Single Judge, the learned Assistant Government

    Pleader for Revenue contended that the respondent No.1 passed the

    impugned order in exercise of revisional jurisdiction, and if any of the

    parties have got any claim of title over the subject property, it is

    appropriate for them to approach the competent Civil Court for redressal of

    their grievance, but not by way of a Writ Petition.

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    20. Basing on the above pleadings and contentions urged, learned Single

    Judge held that Writ petitioner No.1 being the absolute owner and

    possessor of the subject property, has disowned the Writ Petition

    contending that he did not have any knowledge nor consented for filing the

    petition and sought withdrawal. Further, in the absence of any rebuttal to

    his withdrawal, W.P.No.8901 of 2008 was dismissed as withdrawn as

    against Writ Petitioner No.1 is concerned, thereby weakening the case of

    petitioner Nos.2 to 5, as the original record could not verify the vakalat of

    the Writ petitioner No.1.

    21. The learned Single Judge observed that during pendency of

    proceedings and subsisting status quo order, the appellants have entered

    into a transaction with Writ petitioner No.1 knowing well that dispute is

    pending before the Revenue authorities. Further the appellants, without

    challenging the rejection order of their impleadment, have filed

    W.P.No.8901 of 2008 along with Writ petitioner No.1, with a reason that

    no such order was communicated to them by respondent No.1.

    22. Learned Single Judge held that the respondent No.3, on remand of

    the matter from the respondent No.2, has once again undertaken an

    exercise to find fault with the procedure followed by his predecessor, and
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    once again ordered to cancel the certificate issued under Form-13B and

    pattadar pass books and title deeds issued in favour of respondent Nos.4

    and 5. The respondent No.3, instead of considering the case of respondent

    Nos.4 and 5 for regularization under Section 5A of the 1971 Act, has

    erroneously misdirected himself and made an attempt to find fault with the

    procedure adopted by his predecessor and the said order dated 28.06.2005

    is only a consequent upon the order dated 31.01.2004 passed by respondent

    No.2, and once the order dated 31.01.2004 is set aside by the respondent

    No.1 in exercise of Revisional power, all consequential acts would also

    automatically comes to an end.

    23. On the aspect of maintainability of the Revision, the learned Single

    Judge held that since Section 9 of the 1971 Act does not prescribe any

    limitation period, the question of condonation of delay does not arise and

    merely because the remedy of appeal is availed against the order dated

    28.06.2005, that by itself cannot be a ground to bar invoking of revisional

    jurisdiction against the order dated 31.01.2004 passed by respondent No.2.

    24. The learned Single Judge held that when the GPA Holder of Writ

    petitioner No.1 participated in the enquiry under Section 5A of the 1971

    Act and expressed his no objection for regularizing the simple Deed in
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    favour of respondent Nos.4 and 5, the claim of Writ petitioner No.1 of he

    not putting on notice, is of no avail, and there is no violation of principles

    of natural justice. In the absence of proper explanation for filing the

    appeal after a lapse of eight years under Section 5B of the 1971 Act, the

    very appeal was not maintainable.

    25. As regards the contention of regularizing the Agreement of Sale

    under Section 5A of the 1971 Act, the learned Single Judge held that the

    Memo dated 10.07.2023 shows that the original transaction under the

    Agreement of Sale was completed by paying the balance sale consideration

    and thereafter only respondent Nos.4 and 5 approached the Revenue

    authorities for regularization under Section 5A of the 1971 Act. It was

    further held that in terms of Section 5A of the 1971 Act, where a person is

    an occupant by virtue of an alienation or transfer made or affected

    otherwise than by registered document, the alienee or tranfereee is entitled

    to apply for a certificate declaring such declaration or transfer is valid, and

    it is not the form of or nature of document that is relevant, but it is the

    occupation of land, by way of completed alienation or transfer, and that the

    Writ Petitioner No.1 raised no objection while filing Appeal under Section
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    5B of the 1971 Act, but objection is raised only for first time in the Court,

    and the same is not maintainable.

    26. The learned Single Judge concluded that the respondent No.1, while

    exercising the revisional jurisdiction has arrived at right conclusion that if

    appellants have got any right, claim or interest over the subject property, it

    is open for them to pursue such all remedies by approaching a competent

    Civil Court and establish their rights, and held that it is not a fit case to

    interfere with the order passed by respondent No.1 in exercise of

    discretionary jurisdiction under Article 226 of the Constitution of India,

    and dismissed the Writ Petition.

    27. Aggrieved by the said order, the appellants herein have preferred the

    present Appeal.

    28. Sri A.Venkatesh, learned Senior Counsel and Sri Vedeendra Joshi,

    learned counsel appearing for the appellants contended that the learned

    Single judge ought to have seen that their valuable property rights which

    are constitutionally protected, are at jeopardy.

    29. It was contended that the order dated 29.09.1994 passed by the

    respondent No.3 regularizing document dated 16.02.1994 and
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    consequential order of the respondent No.1 dated 27.02.2008 are without

    jurisdiction. It is further contended that document dated 16.02.1984 is in

    the nature of an agreement entered into another registered agreement on a

    future date and that it is evident on account of the fact that the balance of

    sale consideration of Rs.7,536/- was yet to be paid and there was a specific

    assurance of executing a registered sale deed in future upon payment of

    sale consideration and therefore the same could not have been regularized.

    It is urged that the learned Single Judge erroneously held that the balance

    sale consideration was subsequently paid, the transaction stood completed

    and therefore, the document was entitled to be regularized.

    30. The learned Senior Counsel submitted that Section 5-A of the 1971

    Act empowers the MRO to regularize simple/unregistered sale deeds only

    and not agreements of sale. In this regard, learned Senior Counsel for the

    appellants relied upon the decisions in Konkana Ravinder Goud and

    others Vs. Bhavanrishi Co-operative House Building Society, Hyderabad

    and others 5 and K.Seetharama Reddy and another Vs. Hassan Ali Khan

    and others 6, wherein this Court held that neither the MRO or any other

    revenue authority has any jurisdiction to regularize a document which is in

    5
    2003 SCC OnLine AP 852
    6
    2002 SCC OnLine AP 1036
    14

    the form of unregistered agreement of sale and that any such proceeding of

    regularization would be wholly without jurisdiction. In Konkana Ravinder

    Goud (supra), it was held that even if the balance sale consideration was

    paid thereafter, the nature of document would not change from an

    agreement of sale to a sale deed and therefore, it would still not be entitled

    to be regularized.

    31. It is further contended that the learned Single Judge erred in holding

    that the challenge to the regularization proceedings was raised for the first

    time in the Writ Petition, as the said finding is contrary to record where the

    respondent No.3 in the remand order dated 28.06.2005 had given a finding

    to the effect that the document sought to be regularized was in the nature

    of an agreement of sale which cannot be regularized. By placing reliance

    on the decision in Jagmittar Sain Bhagat and others Vs. Director, Health

    Services, Haryana and others 7, it is contended that an issue relating to

    lack of jurisdiction of an authority can be raised at any stage, including in a

    collateral proceeding,

    32. It is further contended that the learned Single Judge failed to

    properly appreciate the earlier proceedings, wherein respondent No.2

    7
    (2013) 10 SCC 136
    15

    allowed the appeal filed by respondent No.12 on 31.01.2004 and remanded

    the matter for de novo enquiry, and thereafter the respondent No.3, by

    order dated 28.06.2005 held that the regularization was erroneous. The

    appellants assert that respondent Nos.4 and 5, having participated in the

    remand proceedings, are precluded from challenging the remand order

    after suffering an adverse order and cannot approbate and reprobate. In

    this regard, reliance is placed on the decisions in Salem Muslim Burial

    Ground Protection Committee Vs. State of Tamil Nadu and others 8 and

    Designated Authority (Anti-Dumping Directorate), Ministry of

    Commerce Vs. Haldor9.

    33. It is further contended that respondent Nos.4 and 5 withdrew the

    appeal and pursued a revision without filing any delay condonation

    petition, which is contrary to law.

    34. The learned counsel further contended that the learned Single Judge

    failed to consider the conduct of respondent No.12, who had consistently

    denied execution of any sale deed in favour of respondent Nos.4 and 5 in

    earlier proceedings, including the statutory appeal, and had also initiated

    criminal proceedings alleging forgery, therefore the subsequent withdrawal

    8
    2023 SCC OnLIne SC 656
    9
    (2006) 6 SCC 626
    16

    of the Writ Petition is collusive. The learned Single Judge also stated to

    have ignored the opinion of the Forensic Science Laboratory indicating

    dissimilarity of signatures. It is contended that the learned Single Judge

    erred in holding that the vakalat of the appellants was missing from the

    bundle, when in fact, the Writ Petition itself would not be numbered

    without there being any vakalat for the concerned parties.

    35. It is further contended that the learned Single Judge failed to

    consider that the respondent No.3 acted in violation of the mandatory

    procedure by not issuing notice to respondent No.12 as required under the

    ROR Act before validating the simple sale deed. It is asserted that the

    revenue authorities have no jurisdiction to adjudicate title, yet the

    impugned proceedings effectively recognize title in favour of respondent

    Nos.4 and 5, which is impermissible in law.

    36. It is further contended that the learned Single Judge failed to

    consider material aspects such as the existence of valid registered sale

    deeds in favour of the appellants executed by all family members, issuance

    of pattadar passbooks and title deeds, and recognition of their possession in

    official records, including entries in the Dharani Portal and benefits

    extended under the Rythu Bandhu Scheme. Thus, it is contended that the
    17

    impugned order suffers from errors apparent on the face of the record, mis-

    appreciation of facts and incorrect application of law, and is therefore

    liable to be set aside

    37. On the other hand, Sri D.Prakash Reddy, learned Senior Counsel

    representing Mrs.Lalitha Gayatri, learned counsel appearing for the

    respondent Nos.4 to 15 contended that the order passed by the learned

    Single Judge is just and reasonable, does not call for any interference by

    this Court.

    38. It is submitted that respondent Nos.4 to 5 are not precluded from

    availing the statutory remedy of revision against the RDO’s order merely

    because they participated in the proceedings before the MRO pursuant to

    the RDO’s directions and challenged the MRO order as there can be no

    estoppel against a statute, and therefore the exercise of a statutory right

    cannot be defeated on such grounds. Consequently, the availing of the

    substantive remedy of revision cannot be faulted on the technical plea of

    prior participation in proceedings.

    39. It is further submitted that the Revision petition filed by respondent

    No.4 and respondent No.5 cannot be said to be barred by limitation as no

    period of limitation is prescribed for instituting a Revision petition under
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    section 9 of the 1971 Act. Hence, the filing of the Revision after a lapse of

    two years does not render the Revision invalid and the same ought to be

    considered on merits rather than being rejected on procedural grounds.

    40. Learned counsel for respondents challenged the legality of the

    RDO’s order, contending that it is contrary to the statutory scheme as the

    RDO, in 2002, entertained an appeal after an inordinate delay of eight

    years from the date of the MRO’s validation proceedings, despite Section

    5-B mandating that such appeal must be filed within 30 days and not

    conferring any power on the RDO to condone delay. The RDO’s order is

    completely silent on this jurisdictional defect. This fundamental illegality

    has been rightly appreciated both by the learned Single Judge and the Joint

    Collector.

    41. It is, therefore, contended that setting aside the impugned order of

    the Joint Collector would effectively result in reviving an illegal and time-

    barred order of the RDO. Such a consequence would defeat the very

    purpose of judicial review under Article 226 of the Constitution of India,

    which is intended to correct illegality rather than perpetuate it. Therefore,

    the present case does not warrant any interference in exercise of Writ

    jurisdiction.

    19

    42. With regard to the contention that the document dated 16.02.1984 is

    merely an agreement of sale and not a sale deed, the learned counsel

    submits that this plea is untenable as this argument was never raised before

    the RDO or the Joint Collector and cannot be pleaded for the first time in

    Writ proceedings, and the earlier contention of respondent No.12/Writ

    Petitioner No.1 that no document had been executed at all, directly

    contradicts the present plea. According to the learned counsel for the

    respondents, the proceedings evidence a completed sale, even if part of the

    consideration was to be paid later, which is permissible under Section 54

    of the Transfer of Property Act, 1882. Moreover, the balance consideration

    was paid prior to seeking validation, and therefore the transferee is entitled

    to the benefit of Section 5-A of the 1971 Act.

    43. The learned counsel further submits that the withdrawal of the Writ

    Petition by Writ Petitioner No.1, accompanied by an affidavit stating that

    he had never authorized the filing of the appeal before the RDO or the Writ

    Petition, amounts to an admission that the validation proceedings before

    the MRO were legal and valid. In such circumstances, any grievance of the

    appellants lies against Writ Petitioner No.1 and not within the scope of the

    present Writ proceedings. Additionally, the appellants, not being parties
    20

    before the Joint Collector, failed to seek leave of the Court before

    instituting the Writ Petition and also did not challenge the dismissal of

    their impleadment application, thereby rendering the Writ Petition

    procedurally defective.

    44. It is finally contended that although the MRO’s order suffers from

    infirmity as it failed to conduct a fresh enquiry as directed by the RDO and

    merely reiterated the earlier findings, the ultimate view taken by the

    learned Single Judge, in the facts and circumstances of the case, is a

    plausible and legally sustainable one.

    45. Learned counsel for the respondent No.4 to 15 relied upon the

    decision in Management of Narendra and Company Private Ltd. Vs.

    Workmen of Narendra and Company 10 and V.Praveen Vs. Telangana

    State Road Transport Corporation rep., by its Managing Director11,

    wherein it was held that when an appeal before the Division Bench is

    preferred against the exercise of discretion by the learned Single Judge, the

    appellate court will not interfere with such exercise of discretion by the

    court of first instance, and substitute its own discretion, except where the

    discretion has been shown to have been exercised arbitrarily, or

    10
    (2016) 3 SCC 340
    11
    2018 SCC Online Hyd 364
    21

    capriciously or perversely or where the Court has ignored settled principles

    of law regulating grant or refusal of interlocutory orders. Therefore, it was

    contended that no case for interference in an intra-court appeal is made out.

    Thus the impugned order does not call for any indulgence by this Court.

    46. We have considered the contentions advanced on either side and

    perused the material on record. Upon consideration of the material on

    record, the learned Single Judge has discussed the issue at length including

    on merits as well as law.

    47. Section 5 of the 1971 Act deals with Amendment and updating of

    record of rights.

    Section 5A and 5B thereof states:

    “5-A. (1) Notwithstanding anything contained in this Act, the Transfer
    of Property Act, 1882
    , the Registration Act, 1908 or any other law for
    the time being in force, 26[where a person is an occupant] by virtue of
    an alienation or transfer made or effected otherwise than by registered
    document, the alienee or the transferee may, within such period as may
    be prescribed, apply to the Mandal Revenue Officer for a certificate
    declaring that such alienation or transfer is valid.

    (2) On receipt of such application the Mandal Revenue Officer shall,
    after making such enquiry as may be prescribed require the alienee or
    the transferee to deposit in the office of the Mandal Revenue Officer an
    amount equal to the registration fees and the stamp duty that would
    have been payable had the alienation or transfer been effected by a
    registered document in accordance with the provisions of the
    Registration Act, 1908 as fixed by the registering officer on a reference
    22

    made to him by the Mandal Revenue Officer on the basis of the value of
    the property arrived at in such manner as may be prescribed:

    Provided that the Mandal Revenue Officer shall not require the
    alienee or the transferee to deposit the amount under this sub-section
    unless he is satisfied that the alienation or transfer is not in
    contravention of the provisions of the Telangana Land Reforms (Ceiling
    on Agricultural Holdings) Act, 1973
    , the Urban Land (Ceiling and
    Regulation) Act, 1976
    , the Telangana Scheduled areas Land Transfer
    Regulation, 1959 and the Telangana Assigned Lands (Prohibition of
    Transfers) Act, 1977
    .

    (3) Nothing contained in sub-section (1) and sub-section (2) shall be
    deemed to validate any alienation where such alienation is in
    contravention of the provisions of the Telangana Land Reforms (Ceiling
    on Agricultural Holdings) Act, 1973
    , the Urban Land (Ceiling and
    Regulation) Act, 1976
    , the Telangana Scheduled Areas Land Transfer
    Regulation, 1959 and the Telangana Assigned Lands (Prohibition of
    Transfers) Act, 1977
    .

    (4) The Mandal Revenue Officer on deposit of an amount specified in
    sub-section (2), shall issue a certificate to the alienee or the transferee
    declaring that the alienation or transfer is valid from the date of issue
    of certificate and such certificate shall, notwithstanding anything in the
    Registration Act, 1908, be evidence of such alienation or transfer as
    against the alienor or transferor or any person claiming interest under
    him.

    (5) The Mandal Revenue Officer, shall on the production of the
    certificate issued under sub-section (2) make any entry in the pass book
    to the effect that the person whose name has been recorded as an
    occupant is the owner of the property.

    (6) Subject to the provisions of sub-section (2) of section 5-A, the
    Tahsildar shall regularize claims of those applicants who apply not
    later than 31.12.2017 and have been in possession and do not have
    sada bainama (unregistered) document, based on enjoyment survey,
    local enquiry, approval of Gramsabha and it shall be limited upto
    Ac.5.00 gts.]

    5-B. (1) An Appeal shall lie against an order passed by the Tahsildar
    under sub-section (4) of section 5-A, to the Revenue Divisional Officer,
    within thirty days of the date of communication of the order and the
    Revenue Divisional Officer shall, after due enquiry pass such order on
    the appeal as he deems fit.

    23

    (2) The Revenue Divisional Officer may suo-motu call for record of a
    case or proceedings from the Recording Authority and inspect it in
    order to satisfy himself that the order or decision passed or the
    proceedings taken is regular, legal and proper and make suitable order
    in that behalf:

    Provided that no order or decision affecting the rights of the
    parties shall be made unless the concerned parties are given a notice
    and hearing and such order, shall, subject to revision under section 9,
    be final.”

    48. The primary issue relates to the scope of Section 5-A of the 1971

    Act and the validity of the regularization proceedings dated 21.09.1994.

    The material on record shows that respondent Nos.4 and 5 were put in

    possession pursuant to a transaction dated 16.02.1984 and that the balance

    sale consideration was subsequently paid before approaching the MRO for

    validation. Section 5-A of the 1971 Act recognizes possession based on an

    unregistered transfer, and the emphasis is on completed alienation and

    enjoyment of the land rather than the form of the document. The learned

    Single Judge has rightly held that the transaction stood completed and was

    capable of being regularized, and therefore the objection that the document

    is only an agreement of sale, does not affect the validity of the

    proceedings.

    49. Regarding the lack of jurisdiction of MRO to regularize the

    document, the record indicates that the proceedings under Section 5-A of

    the 1971 Act were initiated and concluded after considering the possession
    24

    and the transaction between the parties. Therefore, the contention that such

    objection can be raised at any stage, does not support the appellants in the

    present facts, as the nature of the transaction and completion of

    consideration were already evident. The finding of the learned Single

    Judge that the objection regarding the nature of the document was not

    consistently raised earlier and cannot be used to unsettle the settled

    proceedings is in accordance with law.

    50. On the issue of violation of principles of natural justice, the learned

    Single Judge has correctly relied upon the participation of the GPA holder

    of Writ Petitioner No.1 in the original proceedings as the record shows that

    the GPA holder had taken part in the enquiry and had not opposed the

    regularization. In such circumstances, the plea of non-issuance of notice to

    the original owner does not survive. The subsequent denial by Writ

    Petitioner No.1 does not supersede the earlier proceedings, particularly

    when the genuineness of the GPA was supported by the material placed

    before the authorities.

    51. The validity of the appellate order dated 31.01.2004 passed by the

    RDO was also rightly examined as the Appeal was filed after a lapse of

    about eight years from the date of the original validation proceedings,
    25

    when the statute prescribes a period of 30 days and does not provide for

    condonation of delay. The RDO entertained the appeal without addressing

    this delay. The revisional authority, therefore, was justified in setting aside

    such an order. The learned Single Judge has correctly held that once the

    remand order dated 31.01.2004 is set aside, all consequential proceedings

    including the order dated 28.06.2005 passed by the MRO would also fall.

    52. Insofar as the objection raised by the appellants about invoking the

    revisional jurisdiction by respondent Nos.4 and 5 is concerned, the mere

    fact that respondent Nos.4 and 5 participated in the earlier proceedings

    does not take away their statutory right to invoke revision. Further, section

    9 of the 1971 Act does not prescribe any period of limitation for filing a

    revision, and therefore the question of delay does not arise. In that view of

    the matter, the learned Single Judge has rightly held that the Revision filed

    after two years cannot be treated as defective and that the revisional

    authority was fully competent to examine the correctness of the order dated

    31.01.2004.

    53. The appellants purchased the property during the pendency of the

    proceedings and when status quo order was in force. Their application to

    come on record in the Revision was rejected and the same was not
    26

    challenged. Further, Writ Petitioner No.1 himself sought withdrawal of the

    Writ Petition stating that it was filed without his consent. In such

    circumstances, the learned Single Judge was justified in holding that the

    appellants cannot independently pursue the Writ Petition and seek relief.

    54. The issues relating to fraud, collusion, and reliance on forensic

    reports involve disputed questions of fact relating to execution of

    documents and title over the property, which cannot be effectively

    examined in writ proceedings. Similarly, the claim of the appellants based

    on subsequent registered sale deeds, revenue entries, and benefits under

    Government Schemes does not confer a right to question earlier statutory

    proceedings in writ jurisdiction.

    55. The revisional authority, while exercising jurisdiction under Section

    9 of the 1971 Act, has examined the matter and arrived at a proper

    conclusion. It has been observed that if the appellants have any right or

    interest in the subject property, it is open to them to approach a competent

    Civil Court and establish such rights. Thus, their remedies are not taken

    away but are only directed to approach the appropriate forum.
    27

    56. In view of the above, the learned Single Judge has rightly held that

    the order passed by the revisional authority does not warrant interference

    under Article 226 of the Constitution.

    57. The findings recorded by the learned Single Judge, in rejecting the

    claim of the appellants, are well-reasoned and based on proper appreciation

    of the material on record. This Court finds no infirmity or perversity

    therein warranting its interference with the same.

    58. We do not find it necessary to repeat that the discretion of the

    Appeal Court is extremely limited in an intra-Court Appeal, particularly

    where the first Court has exercised discretion in either allowing or

    dismissing a matter where the discretion has not been exercised on an

    arbitrary basis.

    59. W.A.No.118 of 2024, along with all connected applications, is

    dismissed. Interim orders granted if any, shall stands vacated. No costs.

    ________________________________
    MOUSHUMI BHATTACHARYA, J

    __________________________
    GADI PRAVEEN KUMAR, J
    Date: 06.05.2026
    Vsv

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