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2003 Supreme(AP) 804

Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, C.V.RAMULU
Lambadi Pedda Bhadru - Appellant
Versus
Mohd.Ali Hussain - Respondent
Decided On : 07-04-03

Headnote:

Andhra Pradesh Rights in Land and Pattadar Pass books Act, 1971 - Section 9 - Land regulation - Section 15 (2) – quashed – Shorn Avoidable -Writ appeals may be disposed of by a common judgment since they are directed against judgment rendered by a Single Judge of this court in separately very proceedings of Joint Collector district at Reddy were quashed at instance of different parties - Shorn of all avoidable simple question that falls for consideration in this batch of writ appeals relates to validity of order passed by Joint collector Additional District Magistrate District at directions have been issued to Mandal Revenue Officer re-write records and maintain records as was prevailing prior to making entries in favor of decree holders in - Held, Court however make it clear that it shall be open to Joint Collector to initiate fresh proceedings on strength of allegations and material now unearthed and on such lawful grounds as may be available but only after putting all parties on proper notice - It shall also be open to Joint Collector to make an appropriate enquiry into matter in order to decide as to whether earlier order is vitiated by any fraud and misrepresentation - It shall always be open to Joint Collector to set aside order - If same is vitiated by any fraud played by any of parties to proceedings - Parties and all other interested persons are entitled to file their objections/ explanation whenever such steps are initiated by Joint Collector to make enquiry into allegations of fraud - Writ appeals disposed of

B. SUDERSHAN REDDY, J.

( 1 ) THESE writ appeals may be disposed of by a common judgment since they are directed against the judgment dated 9-12-1997 rendered by a learned Single Judge of this court in W. P. Nos. 17020 of 1994 and 1461 of 1995 separately, whereunder the very proceedings of the Joint Collector, Medak district at Sanga Reddy dated 22-6-1994 were quashed at the instance of different parties. Introduction:

( 2 ) SHORN of all the avoidable details - the simple question that falls for consideration in this batch of writ appeals relates to the validity of the order passed by the Joint collector, Additional District Magistrate, medak District at Sanga Reddy dated 22-6-1994 whereunder directions have been issued to the Mandal Revenue Officer, patancheru "to re-write the records and maintain records as was prevailing prior to making entries in favour of the decree holders in O. S. No. 3 of 1970".

( 3 ) THE learned Single Judge allowed the writ petitions filed by the respondents- writ petitioners and accordingly quashed the said proceedings of the Joint Collector. Hence these writ appeals.

( 4 ) IN order to consider as to whether the judgment of the learned Single Judge suffers from any infirmity requiring our interference, it may be just and necessary to notice the relevant facts leading to filing of the writ petitions as well as writ appeals. Factual matrix:

( 5 ) THE origin of the claim of the respondents-writ petitioners is based upon a lease deed alleged to have been executed by the then Tahsildar Garbi Taluk of Atraf-i-Baldia District. The lands are situated in ailapur Village. That huge extent of land admeasuring 496 bigas and 13 barns (equivalent to Ac. 369. 05 guntas) alleged to have been granted on lease by the Tahsildar on 10th Farwardi 1312 Fasli in favour of one Shaik Imam Ali, the then Mansabdar, treasuries Department of Nizam s government. The said lease is stated to be for a period of 56 years. The said land, at the time of grant of lease, was banjar land. The said Shaik Imam Ali after obtaining the lease, mortgaged the whole of Ailapur village to one Marke Palli Yellaiah for a period of ten years for Rs. 10,000/ -. Thereafter, in the year 1342 Fasli, the said shaik Imam Ali executed another mortgage in favour of Hakim Mustafa Hussain for a sum of Rs. 15,000/ -. The said mortgage deed is dated 21st Azur, 1342 Fasli. Thereafter, the said Shaik Imam Ali in his capacity as leaseholder sold away the entire village of ailapur in favour of Mohd. Mustafa Hussain vide registered deed No. 24 of 1343 Fasli on 12-1-1343 Fasli for a consideration of rs. 30,000/ -. The said sale deed does not specify and indicate the actual extent of land sold under it. But it specifies the neighbouring villages as the boundaries within which the land sold is stated to be situated.

( 6 ) BE that as it may, after the death of a Imam Ali, his wife and sons have various objections with regard to sale of the said lands in favour of Hakim mustafa Hussain. It is the case of hakim Mustafa Hussain that after a prolonged litigation the sale was held to be valid by the then Sarf-e-khas Committee as early as in 1350 Fasli. Thereafter, the order of Sarf-e-khas Committee was implemented. The predecessor-in-title of the respondents-writ petitioners i. e. Hakim Mustafa hussain was declared to be in possession of the lands in question by the Tahsildar vide letter No. 620, dated 28-6-1353 Fasli. This fact, of course, is seriously disputed and put in issue.

( 7 ) IT was contended by the State that the operative portion of the order purported to have been passed by the Sarf-e-khas committee is manipulated. In realty, the appeal preferred challenging the validity of the sale was allowed setting aside the very sale itself. It is also the case of the State that the Minister Sarfe-e-khas in his order dated 14th Khurdad, 1349 Fasli (1939 AD) has pointed out several irregularities committed by the then Tahsildar at the time of granting lease itself in favour of






















































































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