SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(AP) 1096

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE P.V. SANJAY KUMAR
K. Pratap Reddy & Others – Appellants
Versus
The Joint Collector, Lakdikapool, Hyderabad, Ranga Reddy District & Others – Respondents
Writ Petition No.23945 of 2000
Decided on : 26-12-2008

Advocates appeared:For the Petitioners:V. Ramakrishna Reddy, Advocate. For the Respondents:R1 & 2, G.P. for Revenue, R3, M.V. Durga Prasad, Advocate.

Headnote:A.P. Rights in Land and Pattadar Pass Books Act, 1971—Section 5 r/w Rule 9 of A.P. Rights in Land and Pattadar Pass Books Rules, 1989—Disputes as to entries in record of rights—Revenue authorities can hold a summary enquiry into issues of title also subject to confirmation by Civil Court—Scope of summary enquiry by Revenue authorities into issue of title is limited—Revisional authorities acting under the provisions of Record of Rights Act have no power and jurisdiction to decide disputed questions of title—Revenue authorities are not substitutes for Courts of competent civil jurisdiction—It is for party concerned to invoke such jurisdiction so as to bar summary enquiry by Revenue Authorities into issues of title in particular given circumstances—Every entry in Record of Rights carries a presumption of genuineness—Pattadar is entitled to titled deed and passbook on the basis of such record—Petition allowed in favour of appellants. (Paras 66, 71, 85 and 94)

Judgment :

The extent and scope of jurisdiction of Revenue Authorities in exercise of powers conferred by Sections 5 and 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'the Act of 1971') fall for consideration in this writ petition.

The order passed by the Joint Collector, Ranga Reddy District, Hyderabad, the 1st respondent herein, in Proceedings No.D5/9418/1997 dated 24.07.2000 in exercise of revisional jurisdiction under Section 9 of the Act of 1971 and the consequential order passed by the Mandal Revenue Officer, Ghatkesar Mandal, Ghatkesar, Ranga Reddy District, the 2nd respondent herein, in proceedings No.B/2186/2000 dated 10.11.2000 in exercise of powers conferred by Section 5 of the Act of 1971 are under challenge.

The petitioners claim that they and respondents 3 and 4 herein share a common lineage. According to them, Kommidi Kanna Reddy and his brothers Kommidi Venkat Reddy, Kommidi Laxma Reddy, Kommidi Tirumal Reddy and Kommidi Ramachandra Reddy had several ancestral properties. Kommidi Ramachandra Reddy had three sons, Narsimha Reddy, Jagga Reddy and Narayan Reddy. Jaipal Reddy, respondent 3 herein, is the grandson of Sri Jagga Reddy through his son Ramachandra Reddy. The petitioners on the other hand are the descendents of the other brother Laxma Reddy. Laxma Reddy had one son Ram Reddy. Ram Reddy had two wives and the sons of one wife were Siddha Reddy and Gopal Reddy. Petitioners 1 to 4 herein are the sons of Gopal Reddy, while petitioners 5 and 6 and respondent 4 are the sons of Siddha Reddy.

According to the petitioners there was a partition in the family whereby the subject ancestral lands admeasuring Ac.23.07 guntas at Kondapur Village were retained by two sections of the family, namely Jagga Reddy who had 50% share and Siddha Reddy and Gopal Reddy, who jointly had 50% share. After the death of their predecessors-in-title, the petitioners lay a claim to 50% share with respondent 4 in these lands and state that the remaining 50% fell to the share of respondent 3, claiming through his grandfather Jagga Reddy.

The petitioners state that the names of Gopal Reddy, Siddha Reddy and Jagga Reddy were entered in the khasra pahani of 1954-55 under the ownership column and that the entries found under the column 'pattadar' in the revenue records continued to show the names of Gopal Reddy and Siddha Reddy also.

While so, it is stated that respondent 3 approached the Revenue Authorities in 1988 as he intended to sell away Ac.7-22 guntas out of his half share in the land admeasuring Ac.15-04 guntas in Sy.No.244 in Kondapur Village which formed part of the larger extent of Ac.23-07 guntas. When the other half sharers, Gopal Reddy and Siddha Reddy, questioned the same, respondent 3 challenged the correctness of the entries in the khasra pahani of 1954-55 by filing an appeal under Section 15

(2) of the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation of 1358 Fasli (for short, 'Regulation of 1358-F') before the District Revenue Officer, Ranga Reddy District. Thereupon, Gopal Reddy filed a partition suit, O.S.No.348 of 1989 on the file of the Principal Subordinate Judge, Ranga Reddy, against respondent 3 and others seeking partition of the land at Kondapur admeasuring Ac.23-07 guntas. Gopal Reddy filed a counter bringing this aspect to the notice of the District Revenue Officer who dismissed the appeal filed by respondent 3 by his order dated 26.10.1989, recording that the parties had approached the civil Court for establishing their rights. It is the petitioners' case that after the dismissal of the appeal before the District Revenue Officer there was a compromise between the parties and the G.P.A. Holder of respondent 3 submitted a 'no objection form' stating to the effect that half of land in Sy.No.244 of Kondapur Village was owned by Gopal Reddy and Siddha Reddy. In view of this admission, it is stated that Gopal Reddy got his suit, O.S.No.348 of 1989 dismissed for d






































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top