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2017 Supreme(AP) 732

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
T.AMARNATH GOUD, J.
Gundeti Murali and Others - Petitioners
Versus
The District Revenue Officer, Karimnagar and Others - Respondents
WRIT PETITION No.12291 OF 2005
Decided On : 20-12-2017

Advocates Appeared:
For the Petitioner: Sri V.Ravi Kiran Rao
For the Respondents: G.P. for Revenue (Telangana), Sri Alladi Ravinder

Headnote:

Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 - Section 158 - Rights in Land and Pattadar Pass Books Act, 1971 - Sections 3 to 5 - Names have been mutated in revenue records and they have been in possession and enjoyment over subject land - Confirming order passed by Revenue Divisional Officer – Challenged - Petitioners - Respect of land admeasuring - Petitioners purchased the subject land - Registered sale deeds - Thereafter, their names have been mutated in the revenue records and they have been in possession and enjoyment over the subject land - Submitted an application before the third respondent stating that their grandfather was the owner of the subject land; that he gifted the subject property to them in the year 1983; that since then, they have been in possession and enjoyment over the subject land - Held, The Revenue Officials have no jurisdiction to pass orders of declaration of title and to interfere in this regard. The appeal filed under Section 158 of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli by the petitioners before the first respondent is also the one filed before a wrong forum. The first respondent ought to have returned the appeal without going into the facts of the case, after hearing both sides - Passed the orders without jurisdiction and contrary to law - Writ petition is disposed -

ORDER :

1. This writ petition is filed challenging the order of the District Revenue Officer, Karimnagar, first respondent herein, in No.D1/4467/2001, dated 18.01.2005, confirming the order of the Revenue Divisional Officer, Peddapalli, Karimnagar District, second respondent herein, in File No.H/203/2001, dated 12.04.2001, directing the Mandal Revenue Officer, Ramagundam, third respondent herein, to incorporate the names of respondent Nos.4 and 5 herein in place of the petitioners, in respect of land admeasuring Ac.1-33 guntas in Sy.No.167 of Malkapoor Village, Ramagundam Mandal, Karimnagar District.

2. The case of the petitioners is as follows:

The petitioners purchased the subject land from one Mekala Lachaiah @ Chinna Lachulu, S/o. Komuraiah under three registered sale deeds dated 06.04.1981 vide document No.1246/1981, dated 06.04.1981 vide document No.1247/1981 and dated 18.08.1981 vide document No.4612/1981. Thereafter, their names have been mutated in the revenue records and they have been in possession and enjoyment over the subject land. While so, respondent Nos.4 and 5 herein submitted an application before the third respondent stating that their grandfather was the owner of the subject land; that he gifted the subject property to them in the year 1983; that since then, they have been in possession and enjoyment over the subject land; that Mekala Lachaiah @ Chinna Lachulu had no right to sell the subject land to the petitioners; that at that juncture, the petitioners filed O.S.No.5 of 1997 on the file of the Court of Senior Civil Judge, Peddapalli for perpetual injunction in respect of the subject land against respondent Nos.4 and 5 and the same was dismissed for default on 21.01.2000; that therefore requested the third respondent to mutate their names in the revenue records in respect of the subject land by deleting the names of the petitioners. Upon such application, the third respondent addressed a letter dated 20.01.2001 to the second respondent requesting him to accord permission for incorporating the names of respondent Nos.4 and 5 in place of the petitioners, in view of the dismissal of suit in O.S.No.5 of 1997. In pursuance of the letter of the third respondent, the second respondent, has taken file on record and proceeded with the case under the garb of implementation of order of the Senior Civil Judge, Peddapalli in O.S.No.5 of 1997. The petitioners stated that after dismissal of the suit for default, they filed I.A.Nos.587 and 588 of 2000 for restoration of the suit and the same are pending. The second respondent, without considering the legality of the Court order, summoned both the parties and passed the order dated 12.04.2001, according permission to the third respondent to make necessary entries in the revenue records in respect of the subject land by incorporating the names of respondent Nos.4 and 5 as successors of late Mekala Lachiaiah. Challenging the order of the second respondent dated 12.04.2001, the petitioners herein filed an appeal before the first respondent under Section 158 of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli. The first respondent, by his order vide Ref.No.D1/4467/2001, dated 30.05.2003, dismissed the appeal, confirming the order of the second respondent. Challenging the said order, the petitioners filed W.P.No.25430 of 2003 stating that the orders dated 12.04.2001 and 30.05.2003 have been passed by the same Revenue Officer first in the capacity of Mandal Revenue Officer and then in the capacity of District Revenue Officer and the signatory to both orders is one and the same person. This Court, by order dated 30.08.2004, allowed the said writ petition, setting aside the order of the then first respondent dated 30.05.2003 and remanded the matter to the first respondent for fresh consideration. On such remand, the first respondent has taken up the matter and by impugned order dated 18.01.2005, dismissed the appeal, confirming the order of the second respondent. It








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