In the High Court of Judicature at Hyderabad
P. NAVEEN RAO, J.
D. Umarani – Appellant
Versus
The District Collector, Karimnagar & Others – Respondents
Writ Petition Nos. 21361, 21993 & 21994 of 2009
Decided on : 01-05-2015
Andhra Pradesh Assigned Lands Act, 1977 – Section 4B – Revision – Writ petitions the issue for consideration is whether Authority erred in dismissing the revision petition filed by the petitioners under Section 4-B of Andhra Pradesh Assigned Lands Act, 1977 on ground that the said revision was not filed within the period of 90 days from the date of the order of appellate authority and erred in not condoning delay in filing revision convenience the facts in are considered. Petitioner claims to be the owner and in possession of land in Village and District - Petitioner claims to have purchased the same from Devi by means of registered sale deed vide document dated Petitioner claims to have verified the revenue records before purchasing the said land and as per the revenue records, vendor of the petitioner purchased the land from year 1996 by means of registered sale deed bearing document 1996 dated issued certificate dated showing the land as land standing in the name of and others and it is not an assigned land. On verification of the records of Joint Sub-, Survey No.128 is not shown in the list of assigned – Held, Principles deducible from precedents are: (1) that Special Act/Local Act should provide a period of limitation different from period of limitation prescribed in Limitation Act; (2) Special Act / Local Act has not expressly excluded application of Limitation Act; (3) Such exclusion can be by necessary implication, such as incorporating power to condone delay in some Sections and not providing in other Sections of the Special Act; (4) Even if Special Act is silent on exclusion of application of Limitation Act, it is not automatic that Limitation Act would apply to Special Act; the Court ought to examine the nature of the subject and scheme of special law to ascertain whether legislature intend to exclude the operation of Limitation Act; (5) Power to condone delay cannot be implicit; (6) If the statute does not confer power to condone delay, statutory authority cannot condone the delay – If Special Act incorporates clause no other law including Limitation Act would apply; and (8) If the Act is a self-contained code, provisions of Limitation Act cannot be imported, more particularly when express provision of adoption is not made – Writ petitions shall stand closed.
1. In all these three writ petitions the issue for consideration is whether the Revisional Authority erred in dismissing the revision petition filed by the petitioners under Section 4-B of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, ‘the Act, 1977’) on the ground that the said revision was not filed within the period of 90 days from the date of the order of appellate authority and erred in not condoning the delay in filing the revision. In view of the same, all the three writ petitions are disposed of by common order.
2. For convenience the facts in W.P.No.21361 of 2009 are considered. Petitioner claims to be the owner and in possession of land in Sy.No.128 to an extent of Ac.1.00 gts. of Rekurthi Village, Karimnagar Mandal and District. Petitioner claims to have purchased the same from Smt. Thakur Rama Devi by means of registered sale deed vide document No.2743/99 dated 16.06.1999. Petitioner claims to have verified the revenue records before purchasing the said land and as per the revenue records, vendor of the petitioner purchased the land from Gadapa Dharmapuri in the year 1996 by means of registered sale deed bearing document No.3336/1996 dated 04.06.1996. The Mandal Revenue Officer, Karimnagar, issued certificate dated 02.11.1992 showing the land as patta land standing in the name of Astapuram Mallaiah and others and it is not an assigned land. On verification of the records of Joint Sub-Registrar-I, Karimnagar, Survey No.128 is not shown in the list of assigned. Thus, all the precautions required under law are taken before purchasing the land. The Mandal Revenue Officer, mutated the lands in favour of the petitioner, issued pattadar pass book vide patta No.442 and title deeds. While so, 4th respondent issued notice in Form-I holding that the purchase made is in contravention of Section 3(2) of the Act, 1977. The said notice was issued to Astapuram Ashaiah. By proceedings dated 20.01.2007, he cancelled the assignment granted in favour of assignee.
3. Aggrieved thereby, petitioner filed W.P.No.20405 of 2007. This Court initially granted interim direction not to dispossess the petitioner. The said writ petition was disposed of along with batch of writ petitions by order dated 06.10.2007 granting permission to the petitioners to file appeals. Accordingly, petitioner filed appeal before the Revenue Divisional Officer, Karimnagar. Without appreciating the true and correct facts and without appreciating the contentions, the appeal was dismissed by order dated 02.02.2008. The copy of the appeal was received by the counsel on record on 28.07.2008. In the mean time, petitioner shifted the residence and, therefore her counsel could not contact the petitioner and there was no information from her counsel with regard to the order passed by the Revenue Divisional Officer. Soon after petitioner came to know about passing of orders by the Revenue Divisional Officer rejecting her appeal, petitioner filed revision before the District Collector (2nd respondent) on 03.06.2009. Petitioner also filed a petition to condone the delay in filing the revision. The Revisional authority refused to condone delay in filing the revision by order dated 26.06.2009, impugned in the writ petition.
4. Heard Sri V.Ravi Kiran Rao, learned counsel for petitioners and learned Government Pleader for Revenue (T).
5. Learned counsel for petitioners contended that rule of limitation is a procedural requirement and should serve to further the ends of justice. There can be valid reasons for not invoking the statutory remedy, be it original, appellate, or review/revision, within the time stipulated in the relevant statute. Not to entertain such application/ appeal/ revision even if sufficient cause is shown defeats substantive rights vested in a person. It is further contended that if there is no express bar against filing revision after the specified time, as a necessary corollary to power to entertain and consider revision,
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