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2022 Supreme(AP) 414

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI: AT AMARAVATI
V. SUJATHA, J.
Kancham Raja Gopal Reddy, S/o late Hanumanth Reddy – Appellant
Vs.
The State of Andhra Pradesh, Represented by its Secretary, Revenue Department - Respondent
W.P.No.2762 of 2015
Decided on : 21-11-2022

Advocates:
Advocate Appeared:
For the Appellant : Sri V.R. Reddy Kovvuri
For the Respondent: Sri Syed Azimathullah

Headnote:

Constitution of India, 1950 - Article 226 - Power of high court to issue certain writs - Writ petition is filed under Article 226 of Constitution of India seeking relief - Held, Proceedings issued by 2nd respondent cancelling the entries made in the revenue record are liable to be set aside - Point No.2 is answered accordingly - Coming to issue whether dotted lands are treated as Government lands or not, it is to be noted that mere showing dotted in column of pattadar cannot be a ground to treat same as Government land unless it is specifically classified - It may be lack of proper information about pattadar, which cannot be a ground to treat land as Government land - In absence of any proper reasoning for treating dotted lands as Government land, finding that dotted land is a Government land deserves to be interfered with - Writ petition allowed.

ORDER :

V. SUJATHA

1. The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

    “to issue a Writ or Order more in the nature of Mandamus declaring the orders in R. Dis.(E2)/1502/2011, dated 27.12.2014 passed by the 2nd respondent declaring the land in an extent of Ac.1.00 cents in Survey No.45/1, Ac.0.22 cents in Survey No.47/2, and Ac.0.30 cents in Survey No.47/3 of Kommalur village fields, Khajipet Mandal, Y.S.R. District as Government land and also unregistered sale transaction is not valid in so far as the land in an extent of Ac.0.69 cents in Survey No.48/2, Ac.0.84 cents in Survey No.48/3 of Kommalur village fileds, Khajipet Mandal, Y.S.R. District and also recording for cancellation of Pattadar Pass Book and Title Deeds granted in favour of the petitioner for the lands in an extent of Ac.1.00 cents in Survey No.45/1, Ac.0.22 cents in Survey No.47/2, Ac.0.30 cents in Survey No.47/3, Ac.0.69 cents in Survey No.48/2 and ac.0.84 cents in Survey No.48/3 of Kommalur village fields, Khajipet Mandal, Y.S.R. District as arbitrary, illegal and contrary to the procedure envisaged under the provisions of A.P. Rights in Land and Pattadar Pass Books Acts, 1971 and the A.P. Rights in Land and Pattadar Pass Books Rules, 1989.”

2. The case of the petitioners, in brief, is that he is absolute owner and possessor of the land an extent of Ac.1.00 cents in Survey No.45/1, Ac.0.22 cents in Survey No.47/2, Ac.0.30 cents in Survey No.47/3, Ac.0.69 cents in Survey No.48/2 and Ac.0.84 cents in Survey No.48/3 of Kommalur village fields, Khajipet Mandal, Y.S.R. District, having purchased the same under an unregistered sale deed dated 18.03.1995 on payment of total sale consideration from one Gurrampati Gangamma, and Gurrampati Bala Pedda Venkata Subba Reddy. Basing on the unregistered sale deed dated 18.03.1985, the name of the petitioner was mutated in the revenue records and was issued pattadar pass book and title deeds after following the due procedure as contemplated under Section 5 (3) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and the A.P. Rights in Land and Pattadar Pass Books Rules, 1989 as long back as in the year 1990. As there was no appeal filed against the issuance of pattadar pass books and title deeds, the entries made in favour of the petitioner attained finality. While so, the respondents 5 and 6, who are claiming right over the subject lands, submitted a representation to the respondents 3 and 4 seeking cancellation of pattadar pass books and title deeds granted in favour of the petitioner. Pursuant thereto, the respondents 3 and 4 submitted a report to the 2nd respondent stating that the land in an extent of Ac.1.00 cents in Survey No.45/1, Ac.0.22 cents in Survey No.47/2 and Ac.0.30 cents in Survey No.47/3 is Government land as there are dots in RSR against the pattadar column, while in respect of the land an extent of Ac.0.69 cents in Survey No.48/2, Ac.0.84 cents in Survey No.48/3, there was an unregistered sale deed and that the pattadar pass books and title deeds granted in favour of the petitioner is liable to be cancelled. Basing the said report, the 2nd respondent, after initiating suo motu revisional proceedings as contemplated under Section 9 of the Act, 1971 passed orders cancelling the pattadar pass books and title deeds, vide proceedings R.Dis. (E2)/1502/2011, dated 27.12.2014. Challenging the same, the present writ petition is filed.

3. This court, on 11.02.2015, while ordering notice before admission, granted interim stay of further proceedings in pursuance of the orders passed in R.Dis.(E2)/1502/ 2011 dated 27.12.2014 by the 2nd respondent, pending disposal of the writ petition.

4. The 2nd respondent-Joint Collector filed his counter, contending, inter alia, that the lands in Survey No.45 and 47 were classified as Government lands i.e. A.W. as per RSR of Kommalur village, Khajipet Mandal, as it was noted as dotted in the column of pattadar, while the rem

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