Suo moto proceedings for land title corrections initiated decades later without jurisdiction infringe on established rights, necessitating intervention by civil courts for title disputes.

ORDER:

Heard the learned counsel Mr.L.Preetham Reddy, appearing on behalf of the Petitioner and the learned Government Pleader for Revenue on behalf of respondents 1 to 4 and learned Counsel Mr. Bobbili Srinivas, on behalf of Respondent No.5.

2. PRAYER :

Petitioner approached the Court seeking prayer as under :

“This Writ Petition is filed praying to issue a Writ of Mandamus declaring initiating Suo moto proceedings No.F3/518/2018 and issuance of hearing notice dated 02.01.2019, on the file of 2^nd respondent District Collector, Medak upon the recommendation of the 3^rd respondent against the petitioner herein in Sy.No. 92, Nagasanipalli village, Kowdipally Mandal, Medak district after long lapse of time as arbitrary, unjust, without jurisdiction, violative of Article 14 and 21 of Constitution of India and contrary to the provisions of the Telangana Rights in Lands and Pattadar Pass Books Act, 1971.”

3. Case of the Petitioner as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present w rit petition in brief are as under:

The Petitioner is a Company under the style of M/s.Laxmi Sai Breeding Farms Private Limited, resident of Villa No.56, Mytri Enclave, Yapral, Secunderabad. The Petitioner herein had purchased land admeasuring Ac.120.00 under Registered Sale Deeds dated 29.10.1986 bearing Document No.200 to 205 of 1987 on the file of Sub-Registrar, Narsapur, from the original owners and obtained pattadar passbooks and title deeds bearing Patta No.112 and also got mutated their names in the Revenue Records under the provisions of A.P. Rights in Lands & Pattadar Passbooks Act, 1971. The Petitioner herein filed an application on 13.10.1987 seeking exemption U/s.18(2) of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 for Poultry Development. The 2^nd Respondent through its letter dated 02.11.1987 recommended the same to the Government through the Commissioner of Land Reforms and Urban Land Ceiling for grant of permission and the Government duly considering the same issued G.O.Ms.No.1166, Revenue Department, dated 28.11.1989 granting exemption to M/s. Basic Breeders Pvt., Ltd., in respect of land admeasuring Ac.206.00 in Sy.No.92, 93, 93/2 and 94 of Nagasanpally Village, Kowdipally Mandal, exempting the said land from the provisions of the Act. The Petitioner herein commenced the Poultry Breeding and Hatchery and obtained Power Release Certificate on 28.01.1989 and thereafter obtained Registration Certificate as a Small Scale Industrial Unit from the Department of Industries, Government of Andhra Pradesh on 17.04.1989. Petitioner also obtained recognition certificate on 22.08.1990 and established Poultry business by constructing sheds and other dwelling units.

It is further the case of the Petitioner that M/s. Basic Breeders Limited Company subsequently changed its name as M/s. Indian Poultry Private Limited and M/s. Indian Poultry Private Limited executed Sale Deed bearing Doc.No.980/2008, dated 11.02.2008 in favour of G.V. Aswin, S/o. G.V. Narappa Reddy for an extent of Ac.36.00 in Sy.No.92 of Nagasanpally Village from out of the said land and after the said purchase G.V. Aswin, applied for and obtained mutation proceedings No.C/371/2008, dated 25.02.2008 on the file of the Mandal Revenue Officer, Kowdipally and also obtained pattadar passbook and title deed bearing Patta No.175 under the Provisions of A.P. Rights in Land and Pattadar Passbooks Act No.26 of 1971 and thereafter applied for and obtained permission for construction of Poultry Shed and