Judgment :-

Leave granted in both the special leave petitions.

2. These appeals are directed against the common judgment and order dated 15.4.2011 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Appeal Nos. 2219 and 2304 of 2005 and C.R.P. No. 1368 of 2010.

3. The disputes in these appeals relate to lands bearing Sy. Nos. 246 to 262, 265 to 269, 430 to 448, 454, 460 to 464, 517, 538 to 540 situated at Bowrampet Village, Qutubullapur Mandal, Ranga Reddy District. As the facts would unfurl, Government of Andhra Pradesh issued a notification under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (for short “the 1950 Act”), and thereafter, the revenue authority conducted an inquiry as per the notification of 1973 and determined that the ownership stood transferred to the protected tenants with effect from 1.1.1973. The respondents herein, as protected tenants of the said lands, were granted requisite certificate under Section 38E of the 1950 Act. As pleaded, the Mandal Revenue Officer (MRO) in exercise of powers under the A.P. Rights in Land and Pattedar Passbooks Act, 1971 (for short “the 1971 Act”) issued pattadar passbooks in respect of the land in their favour.

4. The respondents and some of the legal heirs of the protected tenants alleged to have executed a General Power of Attorney (GPA) in favour of one Laxma Reddy and one S. Venkata Reddy, who taking advantage of the alleged GPA, made certain alienations between the years 1982 to 1985. The appellant-society, on the basis of the alleged sale deeds, made an application before the MRO and obtained order dated 13.3.1997 behind the back of the respondents deleting their names from records of rights in land revenue and inserted the names of the members of the appellant-society in the column of possession. That apart, there was cancellation of the pattedar passbooks earlier granted in favour of the answering respondents.

5. Being aggrieved, the respondents preferred an appeal before the Revenue Divisional Officer (RDO) who set aside the order dated 13.3.1997 passed by the MRO. Being dissatisfied, the appellant challenged the said order before the Joint Collector by filing revision petitions D5/5191, D5/5192 and D5/5193 of 1999. During the pendency of the said revision petitions, the RDO conferred final certificate of ownership on 26.4.2000 in favour of the respondents under Section 38E of the 1950 Act declaring them to be owners in respect of the scheduled land with effect from 1.1.1973. The grant of final certificate by the RDO, referred to as above, was also challenged by the appellant before the Joint Collector by way of an appeal in F2/3809/2000. The Joint Collector by a common order dated 30.7.2001 dismissed the revisions filed by the appellant holding that neither the appellant-society nor its members have the locus standi to agitate the matter and, therefore, are not entitled to seek any relief under the Record of Rights Act. Vide another order dated 2.3.2002, the Joint Collector dismissed the appeal of the appellant in F2/3809/2000 holding that there was no infirmity in the order of the RDO in granting final certificates to the respondents.

6. The order of the Joint Collected dated 30.7.2001 was challenged by the appellant before the High Court in W.P. No. 7893 of 2002. The learned single Judge, by order dated 11.4.2005, allowed the writ petition. The said order came to be assailed in Writ Appeal Nos. 2219 and 2304 of 2005. While the writ appeals were pending, the appellant challenged the order of the Joint Collector dated 2.3.2002 confirming grant of final certificate to the respondent in C.R.P. No. 1368 of 2010.

7. It is apt to note here that while the proceeding for the justifiability of the grant of certificate before the revenue authority was continuing, a civil suit was filed for permanent injunction. The learned trial Judge declined to grant any injunction. The factum of issuance of GPA and consequence alienation i