A simple sale deed cannot be regularized after a lengthy delay without adhering to statutory procedures, highlighting jurisdiction issues and due process in land disputes.

ORDER :

1. This writ petition is filed with the following prayer:

“… to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order No.D/78/2015 dated 8-7-2015 of the 3^rd respondent in respect of land in Sy.No.79 admeasuring Ac.5.39 cents situated at Chinnasiddapur village, Bejjur Mandal, Komaram Bheem Asifabad District, as illegal, arbitrary, without jurisdiction and contrary to ANDHRA PRADESH RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT and Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and consequently set aside the order No.D/78/2015 dated 8-7-2015 of the 3^rd respondent in respect of the above said land and pass such further order or other orders as this Hon’ble court may deem fit and proper in the circumstances of the case.”

2. Heard learned counsel representing the advocate on record, Ms. D. Haritha Kiran, learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4.

3. Case of the petitioner is that he is the owner and possessor of land admeasuring Acs.5.39 cents in Survey No.79 situated at Chinnasiddapur Village, Bejjur Mandal. Father of petitioner purchased the said land by way of simple sale deed, dated 05.08.1974, and since then his father was in possession and enjoyment of the said land. Having purchased the said land in 1974 by way of simple sale deed, it is averred in the affidavit filed in support of the writ petition that in the year 2008, petitioner applied for regularization of simple sale deed under Section 5A of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the ROR Act’) and the Rules made thereunder.

4. While so, an application dated 19.01.2015 was made by respondent No.5 before respondent No.2 i.e., the office of Collector, Komurambheem, Asifabad District, in Praja Vani (a programme of the State Government) seeking cancellation of mutation of land admeasuring Acs.5.39 cents in Survey No.79 allegedly claimed by petitioner on the basis of a simple sale deed.

5. Learned counsel for petitioner submitted that application dated 19.01.2015 made by respondent No.5 requesting to cancel the mutation and restore the patta in the name of original pattadar on the ground that she is in the physical possession of the said land is forwarded to respondent No.3 i.e., the office of Revenue Divisional Officer with a direction to treat it as an appeal and to take necessary action.

6. It is submitted that the Sub Collector and Sub Divisional Magistrate, Asifabad, respondent No.2, treating the said request of the office of the Collector as an appeal, heard the matter on 07.07.2015 and by order dated 08.07.2015 vide Case No.D/78/2015, set aside the regularization orders passed in Case No.ROR/X/2/2008, dated 01.11.2008 in respect of petitioner. The said order dated 08.07.2015 is under challenge in this writ petition.

7. It is further submitted that respondent No.2, without applying his mind, basing on the report of respondent No.4 i.e., the office of Tahsildar, Bejjur Mandal, passed orders setting aside the regularization orders of respondent No.4, which is without jurisdiction and against the principles of natural justice and contrary to the provisions of the ROR Act.

8. Learned counsel invited the attention of this Court to the documents annexed, including notice dated 06.03.2017 addressed to petitioner from the office of Tahsildar, Bejjur Mandal.

9. The order of the Sub Collector and Sub Divisional Magistrate, Asifabad, is annexed as document (Ex.P1 at page N