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2006 Supreme(AP) 110
Andhra Pradesh High Court
M.Laxmi Bai - Appellant
Versus
Neelam Narsimha - Respondent
Decided On : 02-01-06
Headnote:
Constitution of India - Article 226 - Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 - Rule 4 (a) (b), 3 - Section 50-B, 47, 5 - Indian registration Act, 1980 - Andhra Pradesh Rights in Land and pattadar Passbook Act, 1971 - Urban Agglomeration Act - Agricultural Ceiling act - Agreement of sale - Record of Rights register - Two writ petitions by the legal representatives: Pattadar of lands bearing admeasuring an extent of ac. 14-14 gts. - Claiming to be a purchaser of said lands under an agreement of sale filed an application before the Mandal Revenue officer for regularization of the alienation under Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 - Mandal Revenue Officer, by proceeding, issued 50-B certificate - Relevant portion of the order reads as follows: "as specified under Rule 3 of the Act, Petitioner has filed the petition and under Rule 4 form II and III were issued vide ref. second and third cited and served on concerned parties was recorded statement of vendor and no objections were received within time stipulated. The vendor has remitted arrears along with penal interest vide challenge respectively and he was not attracted either by the Agricultural Ceiling act or Urban Agglomeration Act, and the vendor in his deposition before the then tahsildar that he has no objection to transfer the same in favour and he specified under Rule 4 (a) (b), the vendor has acquired land by way of agreement of sale - Held, transaction in question is attracted by Section 47, Section 50-B automatically applies and the respondent would be entitled to a validation certificate as provided under Section 50-B. Therefore, we confirm the view taken by the District revenue Officer that the respondent is entitled to the validation certificate, but not on the ground as held by him that the document in question is a regular sale deed but on the ground that though it is a mere agreement of sale as it was followed by possession Section 47 of the Act is attracted to it - Accordingly, the CRP is dismissed, but in the circumstances without costs and closed. " - Court issue whether the agreement of sale coupled with possession is covered by Section 50-B is no more res integra - Application filed for regularization of alienation based on agreement of sale speaks of his possession over the land - Competent authority, after following the due procedure established under law issued the proceedings regularizing the alienation. Therefore, I find that the orders impugned in these writ petitions do not suffer from any illegality or impropriety warranting interference of this Court in exercising the powers under article 226 of the Constitution of India - writ petitions is dismissed
( 2 ) W. P. No. 21256 of 2003 is filed against the order dated 18-2-2002 passed by the Joint Collector, Ranga Reddy District, hyderabad, in case N. O. D5/7083/2000, whereby and whereunder the order of the mandal Revenue Officer in file No. (B)/537/ 89 dated 7-1-1989 incorporating the names of Neelam Narsimha and his brothers vithalaiah, Laxmaiah and Krishna in respect of Sy. Nos. 40, 41, 42, 43, 45, 46, 61, 53, 63, 64, 66, 71 admeasuring an extent of ac. 14-14 gts. in Record of Rights register of Kothaguda village, was set aside.
( 3 ) W. P. No. 1893 of 2005 is filed against the common order of the Joint collector dated 21-12-2004 passed in Case nos. D5/1547/1999 and D5/1237/2001, whereby and whereunder the order of the revenue Divisional Officer passed in Case no. C/4997/1998 dated 8-2-1999 came to be set aside restoring the order of the Mandal revenue Officer passed in Proceedings no. B4/537/1989, dated 7-1-1989.
( 4 ) THE background facts leading to filing of these two writ petitions by the legal representatives of M. Vittal Rao in brief are: m. Vittal Rao was the pattadar of lands bearing Sy. Nos. 40, 41, 42, 43, 45, 46, 61, 53, 63, 64, 66, 71 admeasuring an extent of ac. 14-14 gts. of Kothaguda village. Neelam gandaiah claiming to be a purchaser of the said lands under an agreement of sale dated 23-6-1961 filed an application on 31-3-1972 before the Mandal Revenue officer for regularization of the alienation under Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural lands Act, 1950 (hereinafter referred to as the Agricultural Lands Act, 1950 ). The mandal Revenue Officer, by proceeding no. B/525/1/85 dated 10-6-1986, issued 50-B certificate. The relevant portion of the order dated 10-6-1986 reads as follows: "as specified under Rule 3 of the Act, Shri neelam Gandaiah, the petitioner has filed the petition on 31-3-1972 and under Rule 4 form II and III were issued vide ref. second and third cited and served on the concerned parties, the then Tahsildar, Hyderabad-West was recorded the statement of the vendor shri M. Vithal Rao on 16th June, 1975 and no objections were received within time stipulated. The vendor has remitted the tuccavi arrears along with penal interest vide challan Nos. 015957 (for Rs. 200/-) dated 22-9-1972, 409163 (for Rs. 400/-) dated 30-1-1979 and 23106 (for Rs. 591-83) dated 16-10-1982 respectively and he was not attracted either by the Agricultural Ceiling act or Urban Agglomeration Act, and the vendor in his deposition before the then tahsildar that he has no objection to transfer the same in favour of Shri Neelam Gandaiah and he specified under Rule 4 (a) (b), the vendor Shri Neelam Gandaiah has acquired land on 23rd June, 1961 by way of agreement of sale. Under Rule 4 (1) of the act, the entire amount was paid to the vendor by the vendee, and the vendee is in possession and enjoyment of lands in question, since the date of purchase. Under rule 6 of the Act, the alienee (vendee) has to deposit an amount equal to the registration fee and stamp duty that would have been payable had the transfer been effected by registered document in accordance with the provision of the Indian registration Act, 1980, 1908. Accordingly, the alienee has remitted the registration fee and stamp duty vide challan nos. 5859 and 5888 dated 23-4-1986 in State bank of Hyderabad City Branch. Since the alienee has completed all the requisite formalities as required in the eyes of law, the certificate form IV (see Rule 8) is issued as shown hereunder:- This certificate is delayed due to administration reasons or otherwise the certificate ought to have issued long back. "
( 5 ) THEREAFTER, Neelam Narsimha, vithalaiah, Laxmaiah, and Krishna, who are the sons of Neelam Gandaiah, filed an application before the Mandal Revenue officer for incorporat
