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2024 Supreme(AP) 1003

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B. KRISHNA MOHAN, J.
Nathani Durga Rao, S/o. Kishanlal – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition Nos.22212, 14394, 14514, 19707, 19866, 22135, 22886 of 2020
Decided on : 10-05-2024

Revenue authorities lack jurisdiction to resolve title disputes over land, which must be adjudicated in civil court.

Headnote:(A) Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 - Sections 4, 5, and 5B - Dispute over agricultural land ownership - Petitioners claimed ownership through registered sale deeds, while the respondent claimed title via an unregistered Will - Revenue authorities cancelled pattadar passbooks and title deeds of petitioners without proper inquiry - Court held that revenue authorities cannot decide title disputes, which must be resolved in civil court - Status quo ordered for two months pending civil proceedings. (Paras 1-80)

(B) Estoppel - The principle of estoppel applies when a party's conduct leads another to believe in the truth of a matter, preventing the first party from asserting the contrary. (Paras 10, 41)

(C) Limitation - The appeal by the respondent was barred by limitation as it was filed years after the original transactions. (Paras 15, 17)

ORDER :

Since the subject matter in these writ petitions is one and the same, these matters were heard together and are being disposed of by this common order.

1. The facts of the cases are that the petitioners in these writ petitions viz., W.P.Nos.22212, 19707, 19866 and 22135 of 2020 are the absolute owners, possessors and enjoyers of agricultural lands admeasuring Ac.0-50 cents out of Ac.2-00 cents each covered by R.S.No.127/P of Nuzvid village and Mandal in Krishna District, having purchased the same for valid considerations from their vendor Chinta Gopala Rao under registered sale deeds respectively. It is further submitted that the vendor of the petitioners Chinta Gopala Rao purchased Ac.2-00 in Survey No.127/P for a valid consideration from his vendor Inuganti Narasimha Rao under a registered sale deed dated 28.03.1985 in Doc.No.744/1985.

The facts of the case in W.P.No.22886 of 2020 are that the petitioner Nos.1 and 2 are the absolute owners and possessors of land to an extent of Ac.0-50 cents in R.S.No.127/P of Nuzvid each having purchased the same for a valid consideration from one Sri Dannapaneni Madhu, S/o.D.Mohana Rao under a registered sale deed bearing document Nos.732/2010 dated 20.02.2010 and document No.907/2009 dated 13.03.2009 respectively registered in the office of the sub registrar, Nuzvid. It is further submitted that the vendor of the petitioners purchased the property to an extent of Ac.2-00 cents in R.S.No.127/P of Nuzvid from one Sri Bhagavathula Lakshmi Mohan, S/o.B.Venakteswara Rao, under a registered sale deed bearing document No.614/2009 dated 19.12.2008 registered on 20.02.2009 in the office of the sub-registrar, Nuzvid. Sri Bhagavathula Lakshmi Mohan purchased an extent of Ac.2-00 in R.S.No.127/P from one Sri Inuganti Narasimha Rao under a registered sale deed bearing document No.725/1985 dated 28.03.1985.

The facts of the case in W.P.No.14514 of 2020 are that the petitioner is the absolute owner, possessor and enjoyer of the agricultural land admeasuring Ac.2-00 cents covered by R.S.No.127/P of Nuzvid village and Mandal in Krishna District, having purchased the same for a valid consideration from the vendor Inuganti Narasimha Rao under a registered sale deed dated 28.03.1985 in Doc.No.744/1985.

The facts of the case in W.P.No.14394 of 2020 are that the 1st petitioner is the absolute owner, possessor and enjoyer of the agricultural lands admeasuring Ac.10-00 cents covered by R.S.No.127/P of Nuzvid village and Mandal in Krishna District, having acquired the same under a registered sale deed dated 28.03.1985 in Doc.no.677/1985 to an extent of Ac.5-00 cents and through the another sale deed dated 28.03.1985 in Doc.No.789/1985 under which the father of the 1st petitioner namely Chinnam Lakshmi Narasimha Rao purchased Ac.5-00 cents for a valid consideration from his vendor Inuganti Narasimha Rao. 1st petitioner’s father died intestate on 21.04.2009 leaving behind his only son i.e., the 1st petitioner who succeeded to his properties. The 2nd petitioner is the absolute owner, possessor and enjoyer of the agricultural landed property of Ac.1-00 cent in the same survey number having acquired the same under a registered sale deed dated 15.04.1985 in Doc.No.777/1985. Similarly, the 3rd petitioner is the also absolute owner, possessor and enjoyer of the agricultural landed property of Ac.1-00 cent in the same survey number, having purchased the same under a registered sale deed dated 06.01.2005 in Doc.No.52/2005 for a valid consideration from his vendor Malempdi Krishnaiah.

While the matters stood thus, the main crux of the issue in all these writ petitions is that originally, Meka Rama Mohana Appa Rao has acquired property to an extent of Ac.27.00 in R.S.No.127/P of Nuzvid Revenue Village & Mandal in Krishna District under Partition Deed Doc.No.4336 of 1957 dated.19-08-1957 executed between his father Raja Meka Venkata Narasimha Appa Rao Bahadur and his brother Raja Meka Venkata Navaneetha Krishna Appa Rao. Me

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