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2018 Supreme(AP) 30

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
RAMESH RANGANATHAN, KONGARA VIJAYA LAKSHMI, JJ.
Kasani Gnaneshwar - Appellant
Vs.
The Joint Collector, Medchal-Malkajgiri District & Ors. - Respondents
Writ Appeal No. 268 of 2018
Decided On : 03-04-2018

Advocates Appeared:
For the Appellant : Sri G. Madhusudhan Reddy

Headnote:

A.P. Record of Rights and Pattadar Passbooks Act, 1971 - Section 5-A - Clause 15 - Letters Patent - Suo-moto revision - Land - Unregistered sale deeds - Absence of a grievance from any of vendors of petitioner - Lapse of Time - Further direction is sought to the respondents not to interfere with the possession and enjoyment of the petitioner over the subject land – Held, In the order under appeal the Learned Single Judge has opined that, prima-facie, the Joint Collector found some fraud in the transaction, and he should therefore be permitted to proceed with the enquiry. In an intra-court appeal, under Clause 15 of the Letters Patent, interference is justified only if the order of the Learned Single Judge suffers from a patent illegality - Court find no such infirmity in the order under appeal. Suffice it, therefore, to direct the Joint Collector, after the appellant furnishes his reply to the show cause notice within three weeks from today, to pass an order strictly in accordance with law taking into consideration the objections put forth by the appellant-writ petitioner, in their reply to the show cause notice, uninfluenced either by any observations in the order under appeal or in the order now passed by us - Writ Appeal dismissed.

JUDGMENT :

Ramesh Ranganathan, J.

1. This appeal, under Clause 15 of the Letters Patent, is preferred against the order passed by the Learned Single Judge in W.P.No.1715 of 2018 dated 29.01.2018.

2. The appellant herein filed the said Writ Petition seeking a writ of prohibition to declare the action of the Joint Collector, Medchal-Malkajgiri District, in taking up a suo-moto revision against the order of regularisation passed by the Tahsildar, Bachupally Mandal, Medchal-Malkajgiri District, in proceedings dated 06.06.1996 and 17.08.2000, in the absence of a grievance from any of the vendors of the petitioner and after a lapse of 18 years, as arbitrary and illegal; and to restrain the first respondent from proceeding further with adjudication of the suo-moto revision case dated 18.12.2017 concerning land admeasuring Ac.35.00 in Survey Nos.515 and 516, Bachupally Village and Mandal, Medchal-Malkajgiri District. A further direction is sought to the respondents not to interfere with the possession and enjoyment of the petitioner over the subject land.

3. Facts, to the limited extent necessary, are that the petitioner and 80 others submitted an application seeking regularisation of their agreement of sale dated 28.06.1955 and 04.12.1972 contending that they had purchased the lands, mentioned against their names, situated at Bachupalli Village, Qutbullapur Mandal, Ranga Reddy District from the original owners of the land. These lands were recorded as Kharij Khata in respect of some survey numbers, and as patta in respect of some others. The 2nd respondent passed an order on 06.06.1996 regularising the unregistered sale deeds, under Section 5-A of the A.P. Record of Rights and Pattadar Passbooks Act, 1971 (hereinafter called the 1971 Act), in respect of land of an extent of Acs.379.04 guntas situated in Survey Nos.101, 187 to 207, 209, 223, 257, 258, 281 and 282 of Bachupalli Village. These survey numbers originally formed part of Survey No.103. During re-survey, the afore-said survey numbers were allotted, and a supplementary sethwar was issued for these lands.

4. According to the appellant-writ petitioner, on an application made by the original owners Sri Hashim Ali and others on 31.12.1996, it was noticed that there was excess land of Acs.35.00 guntas, in possession of the purchasers through the original land owners; the excess area was allotted Survey No. 515 for an extent of Acs.18.00 and Survey No.516 for an extent of Acs.17.00; the 2nd respondent passed orders regularising the excess area in favour of the appellant-writ petitioner; and consequent to the letter dated 13.07.1998, addressed by the Assistant Director of Survey and Land Records to the Mandal Revenue Officer, Quthbullapur Mandal, and consequent upon the regularisation proceedings dated 17.08.2000, pattadar passbooks and title deeds were issued in favour of the appellant-writ petitioner. The 1st respondent issued notice dated 18.12.2017 calling upon the appellant-writ petitioner to appear before him on 20.01.2018 at 11.00 A.M along with all documentary evidence and records with respect to this extent of Ac.35.00 guntas of land in Survey Nos.515 and 516. Aggrieved thereby, the petitioner invoked the jurisdiction of this Court.

5. In the order under appeal, the Learned Single Judge noted that the appellant-writ petitioner and 80 others had submitted an application stating that they had purchased the lands mentioned against their names, situated at Bachupalli village, under agreements of sale dated 28.06.1955 and 04.12.1972 from the original owners, and had sought regularisation thereof; the lands, sought to be regularised, were recorded as Kharij Khata in respect of some survey numbers, and patta in respect of some others; on verification of the records, the Tahsildar had passed an order on 06.06.1996 regularising the unregistered sale deeds under Section 5-A of the Record of Rights and Pattadar Pass Books Act, 1971 in respect of an extent of Ac.379.04 guntas of land situate







































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