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2017 Supreme(AP) 46
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
A. RAJASHEKER REDDY, J.
M/s. Janapriya Engineers Syndicate Pvt. Limited - Petitioner
Versus
The State of Telangana, rep. by its Secretary (Revenue), Secretariat & Others - Respondents
Writ Petition No. 23574 of 2014
Decided On : 17-01-2017
For the Petitioner: D. Prakash Reddy, Harender Pershad
For the Respondents: Government Pleader for Revenue
Headnote:
Land Revenue Act, 1317 - Sections 166-B, 158, 158 (1) and 158(4) and 159(2) - Petition is filed seeking writ of certiorari calling for the records pertaining to proceedings on the file of the 3rd respondent and quash the same as illegal - Respondent issued a show-cause notice to the petitioner and some others in respect of the land in Sy.Nos.in an extent of Acs situated at Village R.R. District calling upon them to show-cause as to why the supplementary issued in file should not be cancelled by exercising his revisional powers under Section of the Act - After filing explanations to the above show-cause notice the petitioner and others were issued another show-cause notice in respect of the land in above said survey numbers as to why wrong entries made in revenue records in respect of the land in above survey numbers should not be cancelled - Aggrieved by the show-cause notice dated some of the persons filed W.P. and batch which were disposed of by this Court directing the Joint Collector-4th respondent to conclude the proceedings initiated vide show-cause notice within a period of months from the date of receipt of a copy of the judgment and also observed that it is for the petitioners to file their explanations or additional explanations within days from the date of orders - Subsequently, petitioner and others filed explanations and after considering the same, the Joint Collector-4th respondent after conducting an enquiry, passed order in proceedings dated - Operative portion of the said order reads as follows - Made on the basis of a non-existent supplementary - As such these entries are vitiated by fraud and are a nullity - Entries in Faisal patti which are made on the basis of a supplementary have to be corrected and removed - Entries made in revenue records pursuant to the entries made in Faisal Patti also need to be corrected - Held, Petitioner invoked the jurisdiction of the 3rd respondent in the first instance under Section of the Act against the order dated passed by the Joint Collector wherein the Joint Collector reversed entries in revenue records by exercising the power under Section of the Act as such appeal was heard and remanded the matter - Section of the Act provides an appeal in case of any order or decision is varied or reversed on revision or review in the revenue records - But after remand order is passed by the 3rd respondent respondent refused to alter the revenue records as such it does not amount to any variation or reversal of entries in revenue records - On reading of Section of the Act I am of the view that appeal does not lie against the proceedings dated refusing to reverse the entries in revenue records - Respondent was not correct in overruling the objection raised by the petitioner by placing reliance on Sections of the Act alone as such impugned proceedings dated overruling objection of petitioner regarding maintainability of appeal is liable to be set aside and accordingly same is set aside and appeal filed by 6th respondent is dismissed - Petition allowed.
1. This writ petition is filed seeking writ of certiorari calling for the records pertaining to proceedings No.P3/456/2013, dt.29.05.2014 on the file of the 3rd respondent and quash the same as illegal, arbitrary and contrary to A.P (T.A) Land Revenue Act, 1317 Fasli (for short the Act) and consequently to dismiss the appeal No.P3/456/2013.
2. Case of the petitioner is that it is the absolute owner and possessor of the land to an extent of Acs.51.15 gts in Sy.No.44(part) of Maktha Mahaboobpet, Serilingampally Mandal, R.R. District (hereinafter will be referred to as subject land) having purchased the same through registered sale deeds in the year 2002 and ever since the date of purchase, the petitioner is in possession and enjoyment of the said land. The Joint Collector (J), Ranga Reddy District-4th respondent issued a show-cause notice to the petitioner and some others in respect of the land in Sy.Nos.5,6,9,19,29,39, 41, 44, 52, 61, 77, 98, 119 and 121 in an extent of Acs.309.36 gts, situated at Maqtha Mahabubpet Village, Serilingampally Mandal, R.R. District calling upon them to show-cause as to why the supplementary sethwar issued in file No.B1/171/68 (G1/177/68), dated 07.06.1969 should not be cancelled by exercising his revisional powers under Section 166-B of the Act. After filing explanations to the above show-cause notice, the petitioner and others were issued another show-cause notice in respect of the land in above said survey numbers as to why wrong entries made in revenue records in respect of the land in above survey numbers should not be cancelled. Aggrieved by the show-cause notice No.E1/7306/99, dated Nil.11.1999, some of the persons filed W.P.Nos.4849/2000 and batch, which were disposed of by this Court directing the Joint Collector-4th respondent to conclude the proceedings initiated vide show-cause notice within a period of 6 months from the date of receipt of a copy of the judgment and also observed that it is for the petitioners to file their explanations or additional explanations within 30 days from the date of orders. Subsequently, petitioner and others filed explanations and after considering the same, the Joint Collector-4th respondent, after conducting an enquiry, passed order in proceedings No.E1/7306/1999 dated 07.11.2006. The operative portion of the said order reads as follows:
In the instant case the entries in Faisal Patti of 1968-69 are purportedly made on the basis of a non-existent supplementary sethwar. As such these entries are vitiated by fraud and are a nullity. The entries in Faisal patti which are made on the basis of a non-est supplementary sethwar have to be corrected and removed. The entries made in revenue records pursuant to the entries made in Faisal Patti also need to be corrected.
As the lands in question are Govt. lands, the M.R.O, Serilingampally Mandal is directed to take necessary action to correct the Revenue Records by deleting the names of private persons from the pahanies in pattedar column and depict the lands in question as Government lands. The M.R.O, Serilingampally (M) is also directed to take necessary steps to safeguard the said lands and take necessary steps for removal of encroachments, if any, on the said lands.
Aggrieved by the order of the 4th respondent-Joint Collector dated 07.11.2006, batch of appeals were filed under Section 158 of the Act before the 3rd respondent and the appeal filed by the petitioner herein is numbered as P5/1374/2006. The 3rd respondent passed an order dated 30.05.2007 remanding the matter back to the 4th respondent to conduct a detailed enquiry and pass appropriate orders. In pursuant to the same, the 4th respondent passed orders on 19.01.2013 in E1/7306/1999 holding that the power under Section 166-B of the Act cannot be invoked for cancellation of supplementary sethwar issued in the year 1969 and cancel the entries made in the revenue records and the 4th respondent also directed the 6th respondent to examine the records in r
