2014 Supreme(AP) 516
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
VILAS V. AFZULPURKAR, J.
T. Santosh Kumar & Another
Versus
The Joint Collector, Mahabubnagar & Others
Writ Petition Nos. 34203 & 34206 of 2011
Decided on: 28-04-2014
For the Petitioners:V. Hariharan, D. Sudarshan Reddy, Advocates.
For the Respondents:GP for Revenue, R3, B. Venkat Rama Rao, Advocate
Headnote:
Civil law - Abolition of Imams Act, 1955 - Section 24 - Civil suit - Land and Pattadar Passbooks Act, 1971 - Section 5(3) - General Power of Attorney – Possession of suit - Petition are directed against common order in case - Respondent allowing separate revision petitions filed by respondent in each of petitions vendor of petitioners was granted occupancy certificate in proceedings - It appears that similar certificate was also granted - However that certificate is not part of record - Respondent in referred to as who claims to be brother of said questioned said occupancy certificate by filing an appeal of Imams Act said appeal in file was however dismissed by District Collector by order - Before this Court which was also dismissed by order of this Court and thereby occupancy certificate granted in favor of vendor of petitioners with respect to all lands stood confirmed was paid by purchaser and received by vendor and possession of schedule property was also handed over to him in addition to constituting said purchaser as lawful attorney of vendor with full powers to deal with the property - It appears that based on said agreement of sale Mandal Revenue Officer – Held, It is not in dispute that appeal filed by petitioners against grant of occupancy certificate in favor of third respondent is also pending with Joint Collector - Since adjudication of said appeal has a necessary bearing on issue ROR Act and since impugned revisions as said appeal is pending with first respondent only passing of impugned order without disposing of said appeal filed by petitioners has resulted in some incongruity - Therefore of view that revision petitions impugned as appeal of petitioners are required to be heard and disposed of as all matters are between same parties and relating to same subject matter - Impugned orders are accordingly set aside and both revisions shall stand restored to file of Joint Collector/first respondent which shall be disposed of in light of observations made along with imam appeal filed by petitioners – Petition allowed (Para 19)
1. The writ petitions are directed against the common order dated 02.07.2011 in case No.D1/28/2005 (File No.D1/6814/2005) and case No.D1/14/2009 (File No.D1/1715/2009) passed by the Joint Collector, Mahabubnagar, first respondent herein, allowing separate revision petitions filed by the third respondent in each of the writ petitions.
2. The relevant facts in these writ petitions are required to be stated in detail in order to appreciate the issue involved.
(a) Petitioner No.1 is the son of petitioner No.2. The vendor of the petitioners viz. Late G. Raghuveer Rao, was granted occupancy certificate under the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (for short Inams Act) in proceedings No.K/4439/87 dated 19.12.1987 covering Sy.Nos.727 (Ac.7.15 guntas); 731 (Ac.16.09 guntas) and 734 (Ac.8.21 guntas) guntas at Keshampet Village and Mandal, Mahabubnagar. It appears that similar certificate was also granted for Sy.No.732. However, that certificate is not part of the record. The third respondent in WP.No.34203 of 2013, hereinafter referred to as G. Rama Rao, who claims to be the brother of the said Raghuveer Rao, questioned the said occupancy certificate by filing an appeal under Section 24 of the Inams Act. The said appeal in file No.B2/2/1988 was, however, dismissed by the District Collector by order dated 10.11.1988. The said G. Rama Rao had since preferred WP.No.3901 of 1989, before this Court, which was also dismissed by order of this Court dated 04.02.1997 and thereby, the occupancy certificate granted in favour of the vendor of the petitioners with respect to all the lands stood confirmed.
(b) While the said order had become final, petitioner No.1 purchased the aforesaid land admeasuring Ac.35.11 guntas in Sy.Nos.727, 731, 732 and 734 from Raghuveer Rao under a registered Agreement of Sale cum General Power of Attorney, being document No.2928/99 dated 27.10.1999 and in the said agreement it was recited that the entire consideration of Rs.2,66,836/- was paid by the purchaser and received by the vendor and the possession of the schedule property was also handed over to him, in addition to constituting the said purchaser as lawful attorney of the vendor with full powers to deal with the property. It appears that based on the said agreement of sale, the Mandal Revenue Officer recorded the names of the petitioners under Section 5(3) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short ROR Act) vide orders dated 09.09.2000 in File No.B/2109/2000. Later, the vendor of the petitioners passed away leaving behind his widow and children. The said widow is the third respondent in WP.No.34206 of 2013 and for the sake of convenience she is referred to hereinafter by her name viz. G. Malathi.
(c) Meanwhile, Rama Rao, his brother and three sons of his another brother filed a fresh application for grant of occupancy certificate and the Revenue Divisional Officer in file No.K/2282/2001 by order dated 16.03.2005 granted occupancy certificate in favour of Rama Rao and four others with respect to different extents in Sy.Nos.727 (Ac.7.15 guntas) and 732 (Ac.3.06 guntas) by specifying the relevant extent of each sharer in the aforesaid land. The first petitioner herein, on coming to know of the said order, questioned the said order by filing an appeal before the Joint Collector, Mahabubnagar in Inam file No.F2/16/2006 which is stated to be still pending.
(d) By the aforesaid order dated 16.03.2005, the RDO also granted shares to two other occupants viz. Bala Saheb and Karim Saheb. The said order was also subject matter of an appeal, being No.F2/9/2005, filed by the sons of Bala Saheb and another. The said appeal is stated to have been disposed of by the Joint collector under order dated 23.07.2005 against which the said Bala Saheb filed WP.No.2228 of 2006, before this Court, which is stated to be pending. While that was the position with regard to the disputes relating to the occupancy certificate