2018 Supreme(AP) 388
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Kongara Vijaya Lakshmi, J.
Kannamlla Krupamma – Petitioner
Versus
The Joint Collector, Karimnagar District and others – Respondents
Writ Petition No. 19748 of 2005
Decided On : 30-08-2018
For the Petitioner: Sri. T. Venkat Reddy
For the Respondent: Sri. V. Ravi Kiran Rao
Headnote:AP Rights in Land and Pattadar Passbooks Act, 1971-Section 5-A-Regularisation of land-When Mandal Revenue Officer himself recommended for cancellation of certificates, no useful purpose would be served by remanding the matter to Mandal Revenue Officer arid asking him to conduct an enquiry and pass appropriate orders-Writ petition dismissed. (Paras 11, 16 and 17)
1. This Writ Petition is filed questioning the orders passed by the Joint Collector, Karimnagar, in File No.D1/1294/2001, dated 25.07.2005, wherein he confirmed the orders passed by the Revenue Divisional Officer, Peddapally, in File No.H/1673/99, dated 05.02.2001, as illegal and arbitrary.
2. The brief facts of the case, according to the petitioner, are that her husband purchased the land in Survey No.915, admeasuring Ac.0.05 gts., situated at Sultanabad Village and Mandal by way of unregistered sale deeds dated 05.05.1961 and 05.01.1962 and that since then they have been in continuous possession of the same; in the year 1981 when the 4th respondent and her husband who are the neighbouring land owners tried to interfere with their possession, the husband of the petitioner filed OS No.63 of 1981 on the file of the District Munsif, Sultanabad, seeking perpetual injunction and the said suit was decreed in their favour on 30.01.1985; in the written statement filed by the 4th respondent herein in the said suit she has admitted that she sold the said land to the husband of the petitioner; the petitioner and her husband also filed another suit when the unofficial respondents tried to interfere with their possession and the same was dismissed; against the dismissal of the suit, they have filed an appeal before the learned Senior Civil Judge, Peddapally and the same is pending; the petitioner filed an application before the 3rd respondent – Mandal Revenue Officer, under Section 5-A of the AP Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’), seeking regularization of the said land; the Mandal Revenue Officer, after due enquiry, issued 13-B and 13-C certificates vide proceedings dated 18.04.1998; the 4th respondent filed a petition before the 1st respondent - Joint Collector questioning the issuance of certificates and he forwarded the same to the 2nd respondent - Revenue Divisional Officer to enquire into the matter and to submit a report; as seen from the orders, the Mandal Revenue Officer was requested by the Revenue Divisional Officer to send a factual report along with the connected records; the Revenue Divisional Officer basing on the report submitted by the Mandal Revenue Officer to the effect that the certificates were issued by mistake of fact, cancelled the said certificates by his orders dated 05.02.2001; the said report was prepared behind their back; aggrieved by the said order dated 05.02.2001 a revision was filed before the Joint Collector and the Joint Collector confirmed the order of the Revenue Divisional Officer; regularization of the unregistered sale deeds under Section 5-A of the Act was sought on the basis of the decree of perpetual injunction.
3. During the pendency of the Writ Petition the 4th respondent died, therefore her legal representative was brought on record as respondent No.6.
4. A counter affidavit has been filed by the 6th respondent stating, inter alia, that the alleged unregistered sale deeds are fabricated; the petitioner and her husband were never in possession of the subject land; the husband of the petitioner filed a suit in OS No.63 of 1981 on the file of the District Munsif, Sultanabad against his mother Akula Gouramma and her second husband by name Tirupathi for grant of perpetual injunction; the said suit was decreed in favour of the husband of the petitioner on 30.01.1985; his mother could not prefer any appeal against the said judgment and decree as they were not affected by the same; the advocate engaged by his mother, without taking any proper instructions, prepared the written statement though she did not instruct him as mentioned in the written statement and the filing of the written statement was forfeited by the learned District Munsif, Sultanabad for non-payment of costs; the petitioner and others have filed a suit in OS No.67 of 2000 on the file of the Junior Civil Judge, Sultanabad against him, his brothers and sister for perpetual injunction in respect of