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2018 Supreme(AP) 497

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
V. RAMASUBRAMANIAN, J. UMA DEVI, JJ.
Mantrigari Narayangoud, S/o. Late Lingamaiah Goud & Ors. - Petitioners
Vs.
The Joint Collector-I, Ranga Reddy District, Khairthabad, Hyderabad and others - Respondents
C.R.P.Nos.4935 and 5807 of 2008 and CRPSRNos.28487 and 33779 of 2008, C.R.P.No.949 of 2010, CRPSR.Nos.5175, 5181, 5187, 6844, 7883, 7889, 7905 of 2011,
Decided On : 17-07-2018

Headnote:

Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950-Section 91-Section 90(1)- land of a huge extent in Survey Nos.31, 51, 54, 55 etc., in Madinaguda Village belonged to the family of one Raja Jagannath Pershad. Unfortunately, none of the parties to this litigation have taken care either to find out or to disclose the genealogy tree with the dates of death of each member of the family and the number of legal heirs left behind by every deceased member of the family. Though the learned counsel for the contesting respondents produced a genealogy tree, the correctness of the same is questioned by the others. In any case, the death certificates as well as the legal heir ship/succession certificates of the deceased are not furnished, leaving us in wilderness. Therefore, the background facts that we would narrate here may not really be fully accurate – Held, individual members of the Cooperative Society, who are before us either as petitioners in these revisions or as impleaded respondents in these revisions, are senior citizens, who became members of the Cooperative Society about 36 years ago and got small plots of land allotted to them by the Cooperative Society. All that these senior citizens have gained out of the investment of their hard earned salaried income, was only a rich experience in litigation. But unfortunately their plight and their cry for justice got mired in huge technicalities in the past, which had actually blurred the vision of justice. The reason is mostly due to the fact that none of the parties to the litigation, like the four blind men who were asked to describe an elephant, brought a full picture to the Court in the past. The full picture that has now emerged shows clearly that the proceedings, that the protected tenants, their alienees and the alienees from the original land owners are now taking advantage of, were vitiated by the fraud and hence it is the duty of the Court to deny those persons the benefits of such fraud - Civil revision petitions are allowed

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The proceedings related to land ownership and tenancy rights were heavily impacted by fraudulent actions and collusion among landowners, protected tenants, and officials. The fraud involved suppression of material facts, such as prior proceedings under the Urban Land Ceiling Act and the sale of land to cooperative societies, which significantly affected the jurisdiction and validity of the orders passed (!) (!) (!) (!) .

  2. The original order issued under the relevant section was based on incomplete and suppressed information, which included the sale of land to a cooperative society and ongoing urban land ceiling proceedings. This suppression was deliberate and constituted a serious fraud that vitiated the entire process, rendering the orders void (!) (!) (!) .

  3. The orders passed under the relevant section did not specify the extent of land that the protected tenant was entitled to purchase, nor did they properly consider the restrictions imposed by the law. This lack of clarity and failure to follow the prescribed procedure further invalidated the proceedings (!) (!) .

  4. The presumption that official acts are regularly performed applies to the earlier certificates issued under Section 38E. This presumption supports the conclusion that those certificates were issued following proper procedure, and thus, the limits on land transfer and vesting were correctly determined at that time. However, subsequent amendments and representations made after long delays are not valid if they do not comply with the law’s restrictions (!) (!) .

  5. The orders issued in the proceedings were also found to be without jurisdiction because they attempted to decide matters exclusively within the jurisdiction of other authorities, such as the Urban Land Ceiling authorities, which had already made final determinations. This overreach was another reason these proceedings were invalid (!) (!) .

  6. The collusion extended to suppressing facts about the death of certain landowners and the transfer of land to cooperative societies, which were crucial for determining the legality of the land transfers and ownership rights. This suppression was a clear act of fraud that nullifies the orders based on those proceedings (!) (!) (!) .

  7. The entire chain of proceedings from the initial order to the final orders was infected by fraud and collusion, making them liable to be set aside. The court emphasized that acts obtained through fraud cannot be sustained and that the proceedings must be declared invalid (!) (!) (!) .

  8. The legal rights of protected tenants are subject to strict limitations and conditions, including restrictions on the extent of land they can purchase or acquire through mutual consent or relinquishment. These restrictions are designed to prevent unjust enrichment and preserve the rights of landowners, and any deviation from these procedures or restrictions, especially through fraudulent means, invalidates claims (!) (!) .

  9. The law provides that the transfer and vesting of land rights under certain sections are automatic only if proper notifications and procedures are followed, including the proper service of notices to all legal heirs and interested parties. Failure to do so, especially when done deliberately, renders such orders invalid (!) (!) (!) .

  10. The overall conclusion is that the proceedings, orders, and actions taken in this case are vitiated by fraud, suppression of material facts, and jurisdictional overreach. As a result, the orders are liable to be set aside, and the civil revision petitions are to be allowed accordingly (!) (!) (!) .

Would you like a detailed legal analysis or specific advice based on these points?


ORDER :

V. Ramasubramanian, J.

All these Civil Revision Petitions are filed under Section 91 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, challenging an order passed by the Joint Collector, under Section 90(1) of the Act.

2. We have heard Mr. Shanmuga Sundaram, learned senior counsel, Sri C. Raghu, Mr. Syed Yasar Mamoon Mr. D. Hanumantha Rao and Mr. D. Jagan Mohan Reddy, learned counsel appearing for the petitioners and Mr. M.V.S. Suresh Kumar, learned senior counsel appearing for some of the respondents, Mr. E. Ajay Reddy, learned counsel appearing for some of the respondents and Mr. Vijay B. Paropakari, learned counsel appearing for the impleaded parties.

3. The case on hand has a chequered history with litigation multiplying at every opportunity and the parties on all sides competing with each other to reach the peak of unscrupulousness.

4. As if to add more complexity to the facts as well as the legal issues into this already complicated litigation, all the parties to this litigation, without exception, have come out only with half facts. Therefore, to the extent possible, we have put together the bits and pieces that are scattered around and have attempted to draw a full picture of the background facts. It is as follows: Background Facts:

5. According to the contesting respondents, the land of a huge extent in Survey Nos.31, 51, 54, 55 etc., in Madinaguda Village belonged to the family of one Raja Jagannath Pershad. Unfortunately, none of the parties to this litigation have taken care either to find out or to disclose the genealogy tree with the dates of death of each member of the family and the number of legal heirs left behind by every deceased member of the family. Though the learned counsel for the contesting respondents produced a genealogy tree, the correctness of the same is questioned by the others. In any case, the death certificates as well as the legal heir ship/succession certificates of the deceased are not furnished, leaving us in wilderness. Therefore, the background facts that we would narrate here may not really be fully accurate, but the advantage that we have here, is that none of the parties to this litigation can challenge its accuracy, as none of them is in possession of the whole information.

6. Therefore, from the information made available to us, it appears that the aforesaid landed property stood in the name of one Nehalo Bibi, wife of one Rai Harilal, who was also the daughter and common ancestor to Raja Jagannath Pershad. It must be recorded at this stage that no document of title is produced before us to show that Nehalo Bibi was owner, but her name was shown as the landholder in the Protected Tenancy Register.

7. It appears that the name of one Kurma Komriah was also shown as a tenant in the Protected Tenancy Register.

8. According to the contesting respondents, Nehalo Bibi’s husband died in the year 1954 and she herself died on 03-3-1963, without leaving any Class-I heirs. But the respondents claim that Rai Harilal had another wife by name Champa Devi and that therefore upon the death of Nehalo Bibi, mutation was effected in favour of Champa Devi and one Ms. Har Kuvar Pershad. This Har Kuvar Pershad is stated to be one of the four children of one Raja Narayan Pershad, the brother of Nehalo Bibi.

9. To have a better understanding of the so-called devolution of title (in support of which no death certificates and no legal heirship certificates are produced), the genealogy tree furnished by one of the contesting respondents is reproduced as follows:

 

RAJA JAGANNATH PERSHAD

NANKI BIBI, W/o Anandi Pershad (Had children)

Raja Narayan Pershad Died 1939

Nihalo Bibi W/o. Rai Harilal (Issueless)

 

Raja Hari Kishen Pershad DoD 1979

Raja Sri Kishen Pershad (divorcee) DoD 1974

Guru Kuvar Abbi(DoD 1989) Issueless

Ms. Har Kuvar Pershad DoD 16-5-2002































































































































































































































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