Andhra Pradesh High Court
Judges : N.V.RAMANA
My Palace Mutually Aided Housing Co-operative Society Limited - Appellant
Versus
State OF A.P. - Respondent
CRP.No.2720/03
Decided On : 07-31-03
Advocates Appeared :
Mr.C. Panduranga Rao
Court shall determine Court fee payable on plaint by looking at market value of property in dispute as on date of presentation of plaint, at stage of registering same by considering averments made in
plaint and other material annexed therewith
( 1 ) AGGRIEVED by the docket orders dated 13-5-2003 passed by the I additional District Judge, Ranga Reddy district, returning the suit O. S. No. 57 of 1993, filed by the plaintiff for payment of proper Court fee, the present Civil Revision petition has been filed.
( 2 ) THE facts which led to the filing of the present C. R. P. may briefly be noted as follows:
( 3 ) THE petitioner claims that the land in Sy. No. 57, situated in Shamshiguda village, Balanagar Mandal, Ranga Reddy district, was owned and possessed by asmanjahi Paigah. The Government of andhra Pradesh appears to have appointed jagir Administrator under the provisions of the Hyderabad Jagir Abolition Regulation 1348 Fasli for deciding the Jagir properties under Regulation 5 thereof. The Jagir Administrator upon examination of the records held that the land covered by Sy. No. 57 of Shamshiguda Village is not a Jagir property. Though the Government of Andhra Pradesh by gazette notification, way back in the year 1953 invited objections to the declaration of the properties of asmanjahi Paigah as their personal properties, within six months, according to the petitioner, no objections were filed by the respondents.
( 4 ) THE petitioner states that the shareholders of Asmanjahi Paigah filed suit for partition of A1-Matruka immoveable properties in C. S. No. 7 of 1958 before this court, wherein the land in Sy. No. 57 was shown as item No. 252. In the said suit, though the Jagir Administrator and the finance Secretary to Government were arrayed as defendant Nos. 47 and 48, they did not file any written statement claiming the land in Sy. No. 57 as belonging to the government. The suit was decreed as prayed for 6-4-1959 and the same became final as no appeal was filed thereagainst.
( 5 ) IT is the case of the petitioner that the shareholders in C. S. No. 57 of 1958 executed deed of assignment in his favour, and this Court also approved the same and recognized his title to the property. On the strength of this order, the petitioner filed e. P. No. 38 of 2002 before the Court of the principal District Judge, Ranga Reddy, seeking delivery of possession of the land in Sy. No. 57 of Shamshiguda Village. As directed by the learned Principal District judge, Respondent Nos. 2 and 5, namely the deputy Director, Survey and Land Records, ranga Reddy District, and the Mandal surveyor, Balanagar Mandal, identified the land in Sy. No. 57 and delivered possession of Ac. 100-00 to the petitioner. When no objections were filed despite giving sufficient time, the learned Principal District Judge closed the E. P. on 23-1-2003.
( 6 ) ACCORDING to the petitioner, the respondents never questioned the delivery of possession, which was made to him by reason of the order dated 23-1-2003 passed by the learned Principal District judge, and as per Article 128 of the limitation Act, 1963, the petitioner states that the suit should be filed within 30 days from the date of delivery of possession. It is the case of the petitioner that he submitted an application to respondent No. 4 namely mandal Revenue Officer, Balanagar Mandal, seeking mutation of the land in Sy. No. 57 of shamshiguda Village in his name under the provisions of the A. P. Rights in Lands pattedar Pass Book Act, 1989, but respondent no. 4 ignoring the finality attached to the judgment in C. S. No. 7 of 1958, issued memo dated 24-4-2003 stating that the land in Sy. No. 57 of Shamshiguda Village is gairan land and proposed to assign the same to third parties. According to the petitioner, respondent No. 4 has no power or authority to record that the land in Sy. No. 57 of Shamshiguda Village is gairan land, when once the Jagir Administrator had held that the same is not a Government land, and therefore, the Memo dated 24-4-2003 issued by respondent No. 4 is illegal and without jurisdiction. It is in these circumstances, the petitioner moved the i Additional District Judge by filing suit for perpetual injunction, which was return
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