JUDGMENT :

(Alok Aradhe, J.)

This intra court appeal emanates from an order dated 05.06.2009 by which the writ petition preferred by respondents No.1 to 6 (hereinafter referred to as, “the land owners”) has been allowed and the memo dated 21.06.2005 issued by the Joint Collector-I, Ranga Reddy District, has been quashed. In order to appreciate the challenge of the appellants to the impugned order passed by the learned Single Judge, relevant facts need mention which are stated infra.

2. The land owners had purchased the land bearing Survey Nos.122 to 126, 143 to 150, 152/A, 152/B, 153 and 154 admeasuring Acs.185.18 guntas situated at Sultanpally Village, Shamshabad Mandal, Ranga Reddy District (hereinafter referred to as, “the subject land”) vide registered sale deeds in the year 1982 from the original pattadars, namely Syed Shabuddin and Syed Karar Hyder Hussain. The land owners claim to be in possession of the subject land and have been issued pattadar pass books and title deeds.

3. After abolition of the jagir and announcement of survey and settlement of the village, the kancha land was auctioned by the Tahsildar in the year 1950-51 for Rs.1000.00 in favour of one Sri Prabhu Lingam. An appeal was filed by the jagirdar before the Additional Collector which was allowed by an order dated 12.08.1950 and the auction was set aside. It was directed that the subject lands be recorded as patta lands in the name of the jagirdar. Against the aforesaid order, said Sri Prabhu Lingam preferred an appeal before the Board of Revenue. The Board of Revenue by an order dated 19.07.1951 allowed the appeal. The jagirdar filed a revision before the Minister for Revenue who by an order dated 18.11.1952 dismissed the revision and upheld the order passed by the Board of Revenue.

4. The commutation award was passed by the Jagir Administrator in the name of jagirdar Syed Shabuddin Hussain in Khata No.737 for an amount of Rs.60,000.00. A House Committee was constituted by the Legislative Assembly on 17.08.1987, to implement directions of the Board of Revenue.

5. The State of Andhra Pradesh claimed the subject land as jagir land as per the provisions of the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 Fasli (hereinafter referred to as, “the Jagir Regulation”). The Revenue Divisional Officer issued a memo on 21.06.1993 and held that the subject land is a jagir land and not a patta land.

6. The land owners challenged the validity of the aforesaid memo dated 21.06.1993 in a writ petition, namely W.P.No.12631 of 1993. The said writ petition was allowed by a learned Single Judge by an order dated 24.03.2000 primarily on the ground that the State Government could not have unilaterally decided the question of title of the subject land. Against the aforesaid order, the State Government filed an intra court appeal, namely W.A.No.732 of 2000.

7. A Division Bench of this Court vide judgment dated 11.11.2002 dismissed the aforesaid appeal preferred by the State Government and granted the liberty to it to approach the civil court or statutory forum for adjudication of the issue whether the subject land is a jagir land or a patta land.

8. Thereafter the Mandal Revenue Officer approached the Commissioner and Director of Settlement and Jagir Administrator with a prayer that the subject land should be declared as jagir land. The Commissioner and Director of Settlement and Jagir Administrator by an order dated 31.03.2005 dismissed the prayer made on behalf of the Mandal Revenue Officer.

9. However, the Joint Collector-I, Ranga Reddy District, issued a notice dated 21.06.2005 by which the land owners were informed that the case was taken up for hearing under Section 166-B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (hereinafter referred to as, “the Land Revenue Act’) and Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as, “the Pattadar Pass Books Act”), and s