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2011 Supreme(AP) 373

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE R. SUBHASH REDDY
Pureli Chandraiah
Versus
The Joint Collector, Karimnagar District & Others
WRIT PETITION No.2189 of 2005
Decided on : 26-04-2011

Advocates appeared:
For the Petitioners:V.Ravinder Rao, Advocate.
For the Respondent:P.V.Narayana Rao, Advocate.

Headnote:A) A.P. RIGHTS IN LAND AND PATTADAR PASS BOOK ACT, 1971, Section 5-A - Registration Act, 1908, Sections 17 and 50 :- Mandal Revenue Officer while issuing Patta Pass Book is not competent to adjudicate on title disputes though while exercising his jurisdiction he recognize such undisputed oral transactions with respect to the transfer of immovable properties not registered subject to deposit of cash equivalent to the registration fees and stamp duty.

       B) A.P. RIGHTS IN LAND AND PATTADAR PASS BOOK ACT, 1971, Section 5-A - Registration Act, 1908, Sections 17 and 50:- Mandal Revenue Officer while proceeding in issuing Pattadar Pass Book, registered document holder will have precedence over unregistered and oral transactions.

Judgment

In this writ petition, the petitioner herein has questioned the validity of the order of the 3rd respondent-Mandal Revenue Officer of Pegadapalli Mandal of Karimnagar District, dated 04.06.1996, passed in Proceedings No.B/403/93, by which, he has confirmed the earlier order, dated 16.12.1991, passed in File No.ROR/489/488/490/89-91, in exercise of powers under Section 5-A of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as ‘the Act’), and the order of the appellate authority, dated 23.12.2004, passed in Proceedings No.D1/4516/97.

One Sri Mudugunti Anantha Reddy was owner and possessor of land admeasuring Ac.9.03 gts., covered by Sy.No.153/B of Aravelli village of Pegadapally Mandal in Karimnagar District. The petitioner claims that he has purchased the land admeasuring Ac.6.32 gts. in the aforesaid Survey number jointly along with respondents 4 and 5, vide registered sale deed, dated 27.11.1970, bearing document No.3555/70. He also claims to have purchased another piece of land admeasuring Ac.2.11 gts. in the same survey number along with respondent No.5 vide registered document, dated 29.12.1971, bearing document No.3104/71. It is his case that he was having 1/3rd share in the land admeasuring Ac.6.32 gts., and half share in the land admeasuring Ac.2.11 gts., and when there was a dispute between the joint owners, it is stated that the petitioner had filed suits in O.S.Nos.125 and 126 of 1976 on the file of District Munsiff, Jagtial, seeking partition and separate possession of his share. The said suits were decreed finally by final decree, dated 29th January 1987, and it is stated that in the execution proceedings in E.P.Nos.7 and 8 of 1987, he was also put in possession of his share in terms of the final decree, on 10.09.1987, and since then, he is in possession of the aforesaid land. At that stage, it appears, respondents 4 to 6, claiming purchase of the entire land admeasuring Ac.9.03 gts., covered by survey No.153/B by way of unregistered sale deed from the original owner Sri Anantha Reddy in the year 1968, filed an application under Section 5-A of the Act, seeking regularization of alienation. At first instance, the 3rd respondent-Mandal Revenue Officer passed the order, dated 16th December 1991, validating the sale, as against which, the petitioner herein preferred appeal before the 2nd respondent, who by his order, dated 11.07.1993, allowed the appeal and remanded the matter to the 3rd respondent to conduct de-nova inquiry and pass appropriate orders.

The 3rd respondent, again, by impugned order, dated 04.06.1996, passed in proceedings No.B/403/93, by recording a finding that the petitioner has failed to produce any documentary evidence in support of his claim, has confirmed the earlier order, dated 16th December 1991, passed in File No.ROR/489/488/490/ 89-91. As against the said order, the petitioner herein carried the matter by way of appeal as provided under Section 5(5) of the Act, before the 2nd respondent/Sub-Collector. The appellate authority has dismissed the appeal by order, dated 28.04.1997, passed in proceedings No.B/5904/95. The appellate authority has recorded a finding that the original owner, who appeared before the Mandal Revenue Officer, has denied the execution of registered sale deed and confirmed the simple sale deed executed on 15.06.1968 in favour of respondents 4 to 6. He has also stated in the order that except the certified copies of the registered documents along with the Court decrees, the petitioner has not filed any other documents, and such documents cannot be taken as valid instruments to consider his right over the appeal land. On dismissal of appeal by the 2nd respondent vide order, dated 28th April 1997, the petitioner carried the matter further in revision as provided under Section 9 of the Act, before the 1st respondent/Joint Collector. The 1st respondent also, on the ground that records disclosed that Sri M.Anantha Reddy has denied the se





















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