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2006 Supreme(AP) 849

2006 (5) ALT 573
IN THE HIGH COURT OF JUDICATURE, ANDHRAPRADESH AT HYDERABAD
V.V.S. RAO, J.
B. Sitaram Reddy and others - Appellants
Versus
Joint Collector, Mahabubnagar and others - Respondents
Writ Petition No.22134 of 1997
Decided on 27-07-2006.
Advocates appeared
Mr. M. Rama Rao, Counsel for the Petitioners.
G.P. for Revenue for Respondent Nos.1 and 2.
Mr. M.V.S. Sureshkumar, Counsel for Respondent No.4 (N.P.).

Headnote:

A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950 – Section 47 – Land and Pattadar Pass Books Act, 1971 – Sections 3, 5, 5A, 5B, 9, 13 – Regulation 15(2) – A.P. Rights in Land and Pattadar Pass Books Rules, 1989 – Rule 13(2) – Land Regulation – The petitioners purchased land, After allegedly taking permission from the Tahsildar their names were also entered in Khasra Pahani – The predecessors of respondents 3 and 4 filed an application – The second respondent, who conducted enquiry into the said application, by order directed to record the names of Golla Sanjanna and Golla Laxmadu on the ground that their names are mentioned in pahani – The revision petition on the ground that against an order passed by the second respondent under RoR Regulation, revision would not lie, as such an order was passed in the capacity of District Collector – Held, the DRO has passed orders under Regulation 15(2) of RoR Regulation directing to record the names of Golla Sanjanna and Golla Laxmadu in columns 13 and 14 of Khasra Pahani – The same was done without any jurisdiction under a repealed provision and, therefore, nothing prevents the Joint Collector to exercise his power under Section 9 of RoR Act – In that view of the matter, the first respondent committed an error in rejecting the revision of the petitioners on an erroneous assumption – Writ Petition Allowed

ORDER

The petitioners purchased land admeasuring various extents comprised in survey Nos.38, 43, 51 and 59 situated at Palwai Village of Maldakal Mandai in Mahabubnagar District. After allegedly taking permission from the Tahsildar under Section 47 of A.P. (Telangana Area) Tenancy & Agricultural Lands Act, 1950 (the Act, for brevity), their names were also entered in Khasra Pahani for 1954-1955. In 1981, the predecessors of respondents 3 and 4 filed an application under Regulation 15(2) of A.P. (Telangana Area) Record of Rights in Land Regulation 1358 Fasli (RoR Regulation). The second respondent, who conducted enquiry into the said application, by order dated 20-3-1991 directed to record the names of Golla Sanjanna and Golla Laxmadu on the ground that their names are mentioned in column NO.11 of pahani. The petitioners, therefore, filed a revision petition under Section 9 of A. P. Rights in Land and Pattadar Pass Books Act, 1971 (RoR Act, for brevity) before the first respondent, who by an order dated 23-9-1997 rejected the revision on the ground that against an order passed by the second respondent under RoR Regulation, revision would not lie, as such an order was passed in the capacity of District Collector. Feeling aggrieved by the same, the present writ petition is filed.

2. The respondents 1 and 2 have filed counter affidavits. A reference is made to Government Memo No.1616-N 1 /81-3 Revenue (N) Department dated 21-11-1981. It is stated that as per the said memo, fresh cases of complaints about wrong entries made in the pahanies under Regulation 15(2) of RoR Regulation prior to 15-8-1978 (on which date RoR Act came into force) can be instituted and investigated under RoR Regulation. Though notices are served on respondents 3 and 4 and are represented by Sri M.V.S.Suresh Kumar, no counter affidavit is filed.

3. Learned Counsel for the petitioners raised three contentions. First, he would urge that by reason of Section 13 of RoR Act, RoR Regulation is totally repealed and, therefore, the order of the District Revenue Officer, Mahabubnagar (DRO); second respondent herein, is without jurisdiction. Secondly, he would urge that though Regulation 15 of RoR Regulation does not prescribe any time limit, suo motu powers conferred by the said provision has to be exercised within a reasonable time. According to the learned Counsel, when the names of the petitioners were entered in Khasra Pahani for 1954-1955, it was improper for the second respondent to have ordered for correction after lapse of about thirty-six years. Lastly, it is urged that the Joint Collector ought to have exercised power under Section 9 of RoR Act, as the order of the DRO would affect the rights of the petitioners. The learned Assistant Government Pleader placed reliance on the Government memo dated 21-11-1981 in support of the contention that even after coming into force of the RoR Act still DRO can exercise jurisdiction under Regulation 5 of RoR Regulation. Learned Counsel for respondents 3 and 4 submits that the first petitioner and another filed suit being O.S.No.43 of 1971 on the file of the Court of Subordinate Judge, Gadwal, for declaration of title and for correction of names in record of rights, that petitioners4and 5filed O.S.No.51 of 19970n the file of the Court of District Munsif, Gadwal, for injunction, and that petitioners 6 to 9 filed O.S.No.66 of 1997 whereas petitioner No.1 a has filed O.S.No.61 of 1997 on the file of the Court of the District Munsif, Gadwal and, therefore, this writ petition is not maintainable. He also submits that by reason of the proviso to Section 13 of the RoR Act, jurisdiction of the DRO to entertain applications under Regulation 15(2) of RoR Regulation is not taken away.

4.ln support of the first submission, learned Counsel for the petitioners has placed reliance on an unreported judgment of this Court in W.P.No.9340 of 1991 dated 21-2-1997. In the said case, the petitioners filed an application under Regulation 15(2) of Ro







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