Case at a Glance
After the death of a Jagtial advocate in February 2019, his widow got the family land mutated in her name, but months later the Revenue Divisional Officer, on a mere representation from a woman claiming to be his second wife and relying on an earlier registered Will, directed the Tahsildar to mutate the land in the latter’s favour. The Special Tribunal under the new land records law upheld that mutation. The Telangana High Court held that the RDO’s power is appellate and arises only on a properly presented statutory appeal, not a representation, and that the order was also passed without notice. It set aside the RDO’s communication, the Tahsildar’s mutation and the Tribunal’s order, directed restoration of the earlier entries within four weeks, and left the competing title claims under the two Wills to the civil court.
Musku Anand Reddy, an advocate of Jagtial, died on 22 February 2019. The petitioner says she is his legally wedded wife; respondent No. 7 claims to be his second wife, which the petitioner disputes under Section 5 of the Hindu Marriage Act, 1955. He had executed two registered Wills in 2018: the first, dated 29 January 2018, gave Ac. 13.26 guntas in Sy. No. 106, Habsipur village to respondent No. 7; the second, dated 3 February 2018, gave a house at Jagtial and Ac. 10.01 guntas to the petitioner and declared itself the last Will. A registered Deed of Revocation dated 2 August 2018 revoked the second Will without mentioning the first.
The Tahsildar mutated the land in the petitioner’s favour on 14 June 2019 and issued a pattadar passbook. On respondent No. 7’s representation of 20 January 2020, the RDO, by communication dated 11 March 2020, directed the Tahsildar to implement the first Will, and the Tahsildar mutated the land in her favour on 30 March 2020. The petitioner’s revision under the Telangana Rights in Land and Pattadar Pass Books Act, 1971 passed, after that Act’s repeal, to a Special Tribunal, which first allowed it but, after a fresh hearing, upheld respondent No. 7’s mutation by order dated 16 June 2021.
The Key Question Before the Court
Could the RDO entertain a representation as an appeal and direct mutation of land in favour of a rival claimant, and can revenue authorities decide the effect of competing Wills and a revocation deed?
Jurisdiction of Revenue Authorities and the Limits of Mutation
The Court first held the writ maintainable despite the alternative remedy, observing that the rule is “a rule of discretion and self-restraint and not a bar on its jurisdiction,” and that it does not apply where an order is without jurisdiction or in breach of natural justice, relying on Whirlpool Corporation v. Registrar of Trade Marks, (1998) 10 SC CK 0021 (1998) 8 SCC 1. It rejected the suppression plea because the petitioner herself had placed the revocation deed on record. Drawing on Thripuravaram Krishna Reddy v. Joint Collector, Cuddapah, (2008) 09 AP CK 0083, Sannepalli Nageswar Rao v. District Collector, Khammam, (2002) 06 AP CK 0047 and Krishtappa v. Joint Collector, Anantapur, (2014) 02 AP CK 0143, the Court held that the RDO’s power under the 1971 Act is appellate and arises only from a properly presented, timely appeal under Section 5(5) and Rule 21; a representation, letter or report cannot be treated as an appeal, and revision lies with the Collector under Section 9. The representation here came more than seven months after the mutation and was disposed of without notice to the petitioner.
Since the Tahsildar’s proceedings rested on the RDO’s communication, they fell with it. The Special Tribunal had not examined the RDO’s jurisdiction and had instead decided the effect of the revocation deed, which is beyond revenue proceedings. The Court stressed, quoting Dhani Ram (D) through LRs v. Shiv Singh, (2023) 10 SC CK 0011, that “mere registration would not sanctify a document by attaching to it an irrebuttable presumption of genuineness,” so execution must be proved under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. Relying on Suraj Bhan v. Financial Commissioner, (2007) 04 SC CK 0097 (2007) 6 SCC 186 and Balwant Singh v. Daulat Singh, (1997) 07 SC CK 0003 (1997) 7 SCC 137, it reiterated that revenue entries serve only a fiscal purpose and do not confer title.
What the Court Actually Held
- The RDO’s power under the 1971 ROR Act is appellate and can be exercised only on a properly presented statutory appeal; a representation cannot be treated as an appeal, and an order without notice violates natural justice.
- The RDO’s communication dated 11 March 2020, the Tahsildar’s mutation proceedings dated 30 March 2020 and the Special Tribunal’s order dated 16 June 2021 were set aside.
- The Tahsildar must restore the entries for Sy. No. 106, Habsipur village to their position before 30 March 2020 within four weeks; this is not an adjudication of title and is subject to civil proceedings.
- Competing claims under the two Wills and the revocation deed are for the civil court; respondent No. 7 is free to pursue a remedy under Section 15 of the Telangana Bhu Bharati Act, 2025 or a civil suit, with all questions left open.
Why This Judgment Matters
- It curbs revenue officers from reversing mutations on informal representations.
- It reaffirms that mutation entries do not decide title, especially in disputes over Wills.
- It guides land owners on the post-2025 remedy under the Telangana Bhu Bharati Act.
What Should Advocates Take Away From the Judgment?
For Land Owners and Heirs
- If your mutation is reversed without notice, challenge the order for lack of jurisdiction and breach of natural justice.
- Do not rely on mutation alone to prove title; a registered Will must still be proved in a civil court.
- Rival claimants should file a proper statutory appeal or a civil suit, not a representation.
For Counsel
- Cite Section 5(5) of the 1971 Act and Rule 21 of the 1989 Rules on the need for a proper appeal.
- Use Whirlpool to meet the alternative-remedy objection where jurisdiction is lacking.
- For Will-based mutation disputes, rely on Dhani Ram v. Shiv Singh on proof of Wills despite registration.
Key Takeaways
- The writ petition was allowed on 12 October 2026 without costs.
- An RDO cannot treat a representation as an appeal under the ROR Act.
- Revenue entries were restored to the pre-30 March 2020 position within four weeks.
- The title dispute between the two claimants is left to the civil court or the Bhu Bharati Act remedy.
Frequently Asked Questions
Can an RDO change a mutation on a complaint or representation?
According to this judgment, no. The RDO’s power under the 1971 ROR Act is appellate and can be exercised only on a properly presented statutory appeal, and any order must follow notice to the affected person.
Does mutation in revenue records give ownership?
No. Relying on Supreme Court precedent, the Court reiterated that revenue entries serve only a fiscal purpose and do not confer title.
Who decides which of two Wills prevails?
The civil court. The High Court held that the effect of the Wills and the revocation deed is beyond revenue proceedings and kept all questions open.
Conclusion
Musku Karuna Devi v. State of Telangana draws a firm line between record-keeping and adjudication of title. Revenue officers must act within their statutory jurisdiction and with notice, while contested questions of succession under rival Wills belong to the civil court.
Practical takeaway: When a mutation is reversed on an informal representation, challenge the jurisdiction of the authority; when title itself is disputed, file in the civil court, since mutation will not settle ownership.
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