High Court of Andhra Pradesh
M.S. RAMACHANDRA RAO, J.
Praga Tools Officers co-operative Housing Society Limited
Versus
DSN Raju & Others
Rev C.M.P.No.472 of 2013 In CRP No.1086 of 2004
Decided on : 24-06-2013
This is an application filed under Order 47 Rule 1 C.P.C. by the 1st respondent in the C.R.P.No.1086 of 2004 to review the judgment dt.21.12.2012 in C.R.P.No.1086 of 2004.
2. A brief history of the litigation is set out as under :
3. The C.R.P.No.1086 of 2004 was filed u/S.91 of the A.P. (T.A.) Tenancy and Agricultural Lands Act, 1950, (for short, 'the Act') by respondent Nos.1 to 24 herein against the petitioner and respondent Nos.25 to 28 to revise the order dt.15.11.2003 in case No.F.2/8313 of 2002 of the Joint Collector, Ranga Reddy District, reversing the order dt.30.03.2002 in case No.G/2912/2001 of the Revenue Divisional Officer, Chevalla Division, Ranga Reddy District (for short, 'the RDO').
4. By order dt.30.03.2002 in case No.G/2913/2001, the RDO granted to respondent Nos.25 to 27 a sale certificate u/S.38A of the Act in respect of an extent of Acs.5.26 gts. in Sy.No.36 part of Bowenpally Village, Balanagar Mandal, Ranga Reddy District (hereinafter referred to as 'the subject land') and had directed them to deposit nonjudicial stamp papers worth Rs.34,190/-. To the said proceeding, the respondent No.28 is a party. Before the RDO, the Respondent Nos.25 to 27 claimed that their father N. Pochaiah was a protected tenant over an extent Acs.11-12 gts. in the above village under the father of respondent No.28 who was the land owner; after the death of their father, they approached the Revenue authorities for issue of Patta certificate but the matter got prolonged; and that a sale certificate u/S.38A be granted in their favour. The respondent No.28 filed a petition before the RDO on 02.03.2002 supporting the claim of respondent Nos.25 to 27 stating that the then RDO, Chevella-cum-Inam Tribunal issued Occupancy Rights Certificate No.A1/1233/75 dt.28.11.1979 in respect of the subject land in his favour ignoring the claims of the respondent Nos.25 to 27 and their father and to avoid further litigation, he had assigned all his rights, title and possession in favour of respondent Nos.25 to 27 under an un-registered sale deed dt.03.02.1992 for Rs.2,63,000/-. A general notification was issued vide proceedings dt.20.03.2002 calling for claims and objections, if any, from general public on or before 30.03.2002 published at all prominent places. Sworn statements were filed by respondent Nos.25 to 27 and also respondent No.28 reiterating the above facts. On the basis of this material, the RDO passed orders on 30.03.2002 granting sale certificate under Section 38A of the Act to respondent Nos.25 to 27 in respect of the subject land.
5. The petitioner filed an appeal u/S.90 of the Act before the Joint Collector, Ranga Reddy District against the order dt.30.03.2002 of the RDO in Case No.G/2913/2001. The said appeal was numbered as Case No.F2/8313/2002. In the said appeal, the petitioner contended that it is a Housing Co-operative Society registered under the A.P. Co-operative Societies Act, 1964; it had entered into an agreement of sale dt.12.07.1985 for purchasing an extent of Acs.19.10 gts. in Sy.No.36 of Bowenpally Village with respondent No.28 and his other family members in whose favour Occupancy Rights Certificate was granted by the Inam Tribunal-cum-Revenue Divisional Officer, Chevalla Division; Occupancy Rights Certificate for an extent of subject land was granted to respondent No.28 vide proceedings No.A1/1233/75 dt.28.11.1979; that a suit O.S.No.435 of 1989 was filed before the II Senior Civil Judge, Ranga Reddy District, for specific performance of the said agreement of sale which is pending; the Revenue Divisional Officer has no jurisdiction to grant sale certificate u/S.38A of the Act when Occupancy Rights Certificate was granted to respondent No.28 on 25.11.1979 which was not challenged; on the issuance of such certificate in favour of respondent No.28, the rights of respondent Nos.25 to 27 stood extinguished; that respondent Nos.25 to 27 filed proceedings No.B/3047/90 previously u/S.32 of the Act which was dismi
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