IMPORTANT POINT
Suo motu power under sub-section (4) of Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950, is to be exercised within a reasonable time.

Headnote:(i) Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950-Section 50-B(4)-Exercise of suo motu power under-Cancellation of validation certificates issued in 1974-Appellant did not urge that exercise of suo-motu power was justified on account of fraud committed by non-official respondents in obtaining validation certificates-Whether suo-motu power could be exercised at any time strictly-Words at any time in sub-section (4) of Section 50B of the Act-It must be read and construed contextually and reasonably-Words at any time must be understood as within a reasonable time depending on facts and circumstances of each case in absence of prescribed period of limitation.
       Held : In the absence of necessary and sufficient particulars pleaded as regards fraud and the date or period of discovery of fraud and more so when contention that the suo-motu power could be exercised within a reasonable period from the date of discovery of fraud was not urged, the learned Single Judge as well as the Division Bench of the High Court were right in not examining the question of fraud alleged to have been committed by the non-official respondents. Use of the words "at any time" in sub-section (4) of Section 50-B of the Act only indicates that no specific period of limitation is prescribed within which suo-motu power could be exercised reckoning or starting from a particular date advisedly and contextually. Exercise of suo-motu power depended on facts and circumstances of each case. In cases of fraud, this power could be exercised within a reasonable time from the date of detection or discovery of fraud. While exercising such power, several factors need to be kept in mind such as effect on the rights of the third parties over the immovable property due to passage of considerable time, change of hands by subsequent bona fide transfers, the orders attaining finality under the provisions of other Acts ( such as Land Ceiling Act). Hence, it appears without stating from what date the period of limitation starts and within what period the suo-motu powers is to be exercised, in sub-section (4) of Section 50-B of the Act, the words "at any time" are used so that the suo-motu powers could be exercised within reasonable period from the date of discovery of fraud depending on facts and circumstances of each case in the context of the statute and nature of rights of parties. Use of the words "at any time" in sub-section (4) of Section 50-B of the Act cannot be rigidly read letter by letter. It must be read and construed contextually and reasonably. If one has to simply proceed on the basis of dictionary meaning of words "at any time", the suo-motu power under sub-section (4) of Section 50-B of the Act could be exercised even after decades and then it would lead to anomalous position leading to uncertainty and complications seriously affecting the rights of the parties, that too, over immovable properties. Orders attaining finality and certainty of the rights of the parties accrued in the light of the orders passed must have sanctity. Exercise of suo-motu power " at any time" only means that no specific period such as days, months or years are not prescribed reckoning from a particular date. But that does not mean that "at any time" should be unguided and arbitrary. In this view, "at any time" must be understood as within a reasonable time depending on the facts and circumstances of each case in the absence of prescribed period of limitation. (Para 9)
       (ii) Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950-Section 50-B-Execution of sale deeds on plain papers-Period of validation-Possession of land in question was given in 1965-Application for validation made on 24.3.1972 -Validation certification cannot be held to be bad in law. (Para 16)
       (iii) Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950-Section 50-B as amended in year 1979 by adding sub-section (4)-Exercise of suo motu power after 13-15 years-Sections 50-B was amended in year 1979 by adding sub-section (4)-However, no action was taken to invalidate certificates in exercise of suo motu power till 1989-Action taken by Joint Collector in exercising suo motu power and passing orders cancelling validation certificates given by Tehsildar held unsustainable. (Para 19)

JUDGMENT

Shivaraj V. Patil, J.-Civil Appeal Nos. 10787-10795 of 1996

In all these appeals, the following question of law arises for consideration:-

"Whether Collector can exercise suo-motu power under sub-section (4) of Section 50-B of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950 at any time or such power is to be exercised within a reasonable time."

2. Broadly stated, the facts leading to filing of these appeals are the following:-

Various sale deeds were executed by owners of the lands in favour of different persons on plain papers. Pursuant to said deeds, possession of lands was also delivered to the vendees. Parties to the sale deeds filed applications under Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950 (for short the Act ) for validation of sales. Concerned Tahsildar issued validation certificates on various dates. Orders of Tahsildar issuing validation certificates were challenged in appeals filed by Special Tahsildar and Authorised Officer (Land Reforms) before the Joint Collector of the District but those appeals were dismissed in 1988. Thereafter, the Joint Collector issued show-cause notices purporting to exercise suo-motu power under sub-section (4) of Section 50-B of the Act to the vendors and the vendees to show cause as to why validation certificates issued in 1974 or earlier should not be cancelled. After considering the objections filed in response to the show cause notices, Joint Collector of Rangareddy District set aside the validation certificates in 1989. Challenging these orders of Joint Collector, some of the parties filed revision petitions and some of them filed writ petitions before the High Court. Learned Single Judge of the High Court, after hearing the parties, allowed the revision petitions as well as writ petitions and set aside the orders passed by the Joint Collector passed in exercise of his suo-motu jurisdiction under Section 50-B(4) of the Act, taking a view that the suo-motu power of revision under sub-section (4) of Section 50-B of the Act should have been exercised within reasonable period although the said sub-section says that suo-motu power could be exercised at any time. In that view, he held that the Joint Collector was not correct in law in canceling the validation certificates issued by the Tahsildar. Before the learned Single Judge, Ibraham Patnam Taluk Vyavasaya Coolie Sangham, the appellant in all these appeals, got impleaded as one of the respondents. It appears that on the complaint/information given by the appellant, the Joint Collector initiated proceedings under Section 50-B(4) invoking suo-motu power. The appellant in all these appeals aggrieved by and not satisfied with, filed writ appeals before the Division Bench of the High Court. The Division Bench of the High Court dismissed the writ appeals except Writ Appeal No. 1300 of 1993, concurring with the view taken by the learned Single Judge. As far as Appeal No. 1300 of 1993 was concerned, the Division Bench set aside the validation certificate as some discrepancy was found as to the date of application for issuance of the validation certificate and the date of sale. It was contended that some fraud was played. Since the parties did not produce documents, the Division Bench set aside the validation certificate and permitted the respondent in the appeal to present before the Joint Collector a representation within two months. Under these circumstances, the appellants are in appeal before this Court challenging the validity and correctness of the common order passed by the Division Bench of the High Court affirming the order of the learned Single Judge.

3. It would be useful to see the relevant provisions of the Act in order to appreciate the respective contentions advanced on behalf of the parties. Section 50-B of the Act reads:-

"50-B. Validation of certain alienations and other transfer of Agricultural lands:-

(1) Notwithstanding anything contained in this

Click Here to Read the rest of this document

2003 Supreme(SC) 767

IMPORTANT POINTSuo motu power under sub-section (4) of Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950, is to be exercised within a reasonable time.

Cases Referred (1)

IMPORTANT POINT
Suo motu power under sub-section (4) of Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950, is to be exercised within a reasonable time.