High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE V.ESWARAIAH
Gopathi Manikyam & Others
Versus
The Joint Collector, Medak District at Sangareddy & Others
WRIT PETITION No.1608 of 2005
Decided on : 15-04-2011
This Writ of Certiorari is for calling for the records of the orders of the 1st respondent-Joint Collector, Medak District in Case No.F3/8034/2003-F3/11/ROR/2004 dated 11.01.2005 confirming the orders of the 2nd respondent-Revenue Divisional Officer, Sangareddy dated 25.09.2003 in File No.A3/3202/2000 and for quashing the same as being illegal, contrary to law and vitiated by material irregularities, errors apparent on the face of the record and gross violation of the principles of natural justice.
2. It is the case of Petitioners Nos.1 to 3 herein that they are absolute owners and possessors of the agricultural land, admeasuring Ac.24.32 gts in Sy.No.217 of Kulbagoor village, Sangareddy Mandal, Medak District which was inherited from their late father Gopathi Mallaiah. Gopathi Mallaiah purchased the said property in the revenue auction conducted in 1954, and accordingly, the possession was delivered and mutation was done in his favour, as is evident from the Faisal Patti for the year 1969. It is stated that late Gopathi Mallaiah, father of Petitioners Nos.1 to 3 also filed declaration under the A.P.Land Reforms (Ceiling on Agriculture Holdings) Act, 1973 in Case No.889/S/75 before the Land Reforms Tribunal, Sangareddy, showing the said land in question and other lands. After enquiry and on the basis of the verification officers’ report, the said Gopathi Mallaiah was declared as non-surplus holder in respect of the said land in question and other lands by order dated 27.07.1976 in CC.889/S/75 of the Land Reforms Tribunal, Sangareddy Division, Medak District. Late Gopathi Mallaiah also availed loan from the Land Mortgage Bank by executing the registered mortgage deed dated 02.01.1970 in favour of the Land Mortgage Bank. It is stated that the said Gopathi Mallaiah had cleared the entire loan by 1979 as per the discharge certificate issued by the Land Mortgage Bank dated 08.11.2003.
2(a). After the death of the Gopathi Mallaiah, Petitioners Nos.1 to 3 being sons have inherited the said property and they are in continuous possession and enjoyment of the said land, as is evident from the revenue records i.e. bunch of pahanies maintained by the Village Patwari from 1955-56 onwards to 2001-02. It is stated that late Gopathi Mallaiah had electricity service connection bearing No.33 to the motor pump set installed in the said land, and the electricity bills, cards and electricity slab passbooks are filed for the period from 1982 to 1992. It is stated that pattadar passbook and title deed vide patta No.260 were also issued in respect of the said land of Ac.24.32 gts in Sy.No.217 along with other landa i.e. Ac.4.12 gts in Sy.No.220/A and Ac.1.21 gts in Sy.No.223/A4. After the death of Gopathi Mallaiah, the pattadar passbooks and title deeds were issued in the name of Petitioners Nos.1 to 3 under patta Nos.593, 594 and 595 vide passbook Nos.444453, 444454 and 444455 and title deed Book Nos.452172, 452171 and 452170 in the middle of the year 2003.
2(b). It is stated that in the meanwhile, Respondents Nos.4 to 7 who are the sons of late Yerra Manaiah, and 8th respondent, wife of late Raju, who was also the son of Yerra Manaiah, approached the 2nd respondent-Revenue Divisional Officer stating that their mother made an application to the District Collector, Medak on 02.08.1978 which was forwarded to the Tahsildar for enquiry. It is stated that their mother died in 1989 and thereafter, they came to know that the revenue records for the year 1970-71 in respect of the said land in question were changed in the name of Petitioners Nos.1 to 3 though the said land belongs to their father late Yerra @ Kalal Manaiah who was the original pattadar. Late Yarra @ Kalal Manaiah gave the said land to the father of Petitioners Nos.1 to 3 on ‘batai’ (share cropping) basis. It is stated that the 2nd respondent without conducting enquiry and without verifying the facts and the records pertaining to the revenue auction, land reforms proceedings, muta
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