High Court of Andhra Pradesh
B. SESHASAYANA REDDY, J.
Erroju Brahmachary S/o. Ramachandram & Others
Versus
The Revenue Divisional Officer & Others
Writ Petition Nos. 24352 of 2009; 2596 of 2010 & 13077 of 2010
Decided on : 30-10-2012
The petitioners invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India and accordingly pray for issuance of writ of Certiorari or any other appropriate writ calling for the records and the Order, dated 08.04.2009, passed by the Revenue Divisional Officer, Mancherial, Adilabad District-1st respondent in appeal No. G/2285/2005 and quash the same.
2. The impugned order passed by the 1st respondent-Revenue Divisional Officer, Mancherial, Adilabad District, is challenged on various grounds in W.P.Nos.24352 of 2009 and 13077 of 2010 and whereas the notice vide Rc.No.F/ROR/12862/2009, dated 26.12.2009, issued by the Mandal Revenue Officer, Mancherial, Adilabad District-2nd respondent is challenged in W.P.No.2596 of 2010.
3. Since the order challenged in the Writ Petition Nos.24352 of 2009 and 13077 of 2010 is one and the same and the notice under challenge in W.P.No.2596 of 2010 is a consequential one to the order impugned in the former two writ petitions, all the writ petitions are heard together and are being disposed of by this common order.
4. Facts in brief are: Regalla Purushotham was the owner and possessor of Ac.8.03 guntas in Survey No.754 and Ac.1.21¼ guntas in Survey No.763, situated at Garmilla Shivar of Mancherial Mandal, Adilabad District. He died issueless about 40 years back. His wife Smt. Prabhavathi inherited his properties as his legal heir. She sold Ac.8.03 guntas in Survey No.754 in favour of Thoutam Lingaiah under a sada sale deed, dated 06.08.1969, for a consideration of Rs.4,200/-. Thoutam Lingaiah, his wife Buchamma and his son Guravaiah executed a sale deed, dated 24.05.1984 for one acre in favour of Erroju Brahmachary-1st petitioner in W.P.No.24352 of 2009 and Ac.2.00 acres in favour of Manda Vasantha W/o.Rama Rao-2nd petitioner in W.P.No.24352 of 2009 on 25.02.1983. The petitioners 1 and 2 executed a sale deed in respect of Ac.3.00 in Survey No.754 in favour of K.V. Pratap S/o. K.V. Ramanaiah-petitioner No.3 in W.P.No.24352 of 2009 and sole petitioner in W.P.No.2596 of 2010. The petitioner No.3 in W.P.No.24352 of 2009 purchased one acre under a registered sale deed bearing document No.754 of 2001, dated 12.03.2001 and two acres under a registered sale deed bearing Document No.779 of 2001, dated 12.03.2001 and thus, he became the absolute owner and possessor of three acres. M/s. Bharathi Educational Society, rep. by its President Smt. Bharathi Murthy-1st petitioner in W.P.No.13077 of 2010 purchased three acres in Survey No.754 from Thoutam Lingaiah under a sale deed, dated 15.09.1983. All the unregistered sale deeds have been validated by the Mandal Revenue Officer, Mancherial-2nd respondent on 22.03.1994 vide proceedings Nos.ROR/473/89, ROR/471/89 and ROR/474/89. After getting the alienations validated, M/s. Bharathi Educational Society, rep. by its President Smt. Bharathi Murthy-1st petitioner in W.P.No.13077 of 2010, executed a sale deed for three acres in favour of Smt. Katari Rohini-2nd petitioner in W.P.No.13077 of 2010. Regalla Sudhakar claimed to be the adopted son of Regalla Purushotham. He filed an appeal No.G/2285/2005 under Section 5-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, (for short, ‘the Act’) before the Revenue Divisional Officer, Mancherial, Adilabad District-1st respondent. He pleaded before the appellate Authority-Revenue Divisional Officer, Mancherial that the writ petitioners fabricated the un-registered sale deeds and got the alienations regularized by playing fraud and that he came to know of the regulation proceedings on 20.07.2005. He also pleaded before the appellate Authority that he inherited the properties of Regalla Purushotham as adopted son and that Regalla Prabhavathi W/o.Purushotham left the house and his best efforts to know her whereabouts proved to be futile. Since the whereabouts of Regalla Prabhavathi were not traced for several years, he performed her death ceremonies deeming that she was no m
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