Hyderabad: A two-judge panel of the Telangana High Court declared that where parties are seriously questioning the execution of sale deeds, the remedy is to resolve the disputes in the appropriate civil court and not before the revenue authorities. The panel upheld the view of a single judge and dismissed a writ appeal against it. The panel comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar was hearing a writ appeal filed by the legal representatives of the late Rachakonda Swamy. According to the appellants, they had obtained succession orders from the mandal revenue officer (MRO) for a property of over three acres at Gajularamaram of Quthbullapur mandal in Rangareddy district. It was the case of the petitioners that the land was claimed by the successors of late Rajaiah and late Pentaiah, who were the original owners of the property. Pleading contra, the Goverdhan Joshinagar Welfare Association claimed to have purchased the properties from the said ancestor. The association and 33 others successfully challenged the succession order before the revenue divisional officer (RDO). The same was confirmed by the joint collector in revision. Aggrieved by the orders of the two tiers of revenue authorities, the petitioners filed the writ petitions before a single judge. The single judge noticed that the file relating to the succession order was said to be missing and observed that being the beneficiaries of the order, the burden lay on the petitioners to produce a copy of the order. The judge said though a form and limitation are prescribed under the rules to avail the remedy of appeal, in the absence of a copy of the order the society could not have filed a formal appeal. It was further noticed that as on the date of the issuance of the succession orders, the property was laid into plots and not agricultural land and thus the order was without jurisdiction. The panel speaking through Justice Shravan Kumar said, “the learned single judge was correct in holding that if the petitioners are seriously disputing the validity of sale deeds, it is not possible for the respondents to give any finding thereon and the only remedy available to the petitioners is to file a suit for declaration of their title.”
