HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THURSDAY, THE TWENTIETH DAY OF NOVEMBER,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WP .NO: 2392 of 2008
Between:
1. P.Ramesh Kumar, S/o. Peeraju
2. P.Krishna Rajendra Kumar, S/o. Peerraju, R/o. 36, Brindavan Colony, Nizampet Road, Kukatpally, Hyderabad,
rep. by his GPA Holder P.Ramesh Kumar, S/o. Peerraju.
..... Petitioners
AND
1. Govt. of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2. The Joint Collector, Medak District at Sanga Reddy.
3. The Mandal Revenue Officer, Patancheru Mandal, Medak District.
4. Shaik Ahmed, S/o. Late Ibrahim Saab, R/o. Nandigama Village, Patancheru Mandal, Medak District.
5. Mallepalli Laxma Reddy, S/o. Ram Reddy, R/o. Bathole Vg., Sanga Reddy Mandal, Medak District.
(R5 is impleaded as per C.O. dt. 20-6-11 in WPMP. 27295/08)
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed
herein, the High Court may be pleased to issue a Writ, Order or direction, one more particularly in the nature of a "Writ of
Certiorari" (i) Calling for the records relating to the orders of the 2nd respondent in proceedings No. F3/10680/2006-
F3/49/ROR/2006, dated. 29-01-2008 and quash the same as being illegal, arbitrary, unconstitutional and contrary to the
provisions of A.P. Rights in Land & Pattadar Pass Book Act, 1971 and rules made there under.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and the orders of the High
Court dated. 07-02-2008 & 20-06-2011 made in WPMP.No. 3071/2008 & WVMP.No. 1308/2008 and upon hearing the
arguments of Sri P.Venkata Reddy, Advocate for the Petitioners and of G.P. for Revenue (TG) for the Respondents 1 to 3,
the Court made the following
ORDER:
" On 29.01.2008 Sri Rama Sankara Naik, I.A.S. was functioning as Joint-Collector, Medak at Sangareddy. He passed an order in file bearing No.F3/10680/2006-F3/49/ROR/2006. This order has been passed holding that the request of the revision petitioner namely Sri Shaik Ahmed, s/o late Ibrahim Sab that the transactions purported to have taken place except in respect of Ac.0.08 gts., land is behind his back and knowledge and that they are fake and fictitious. The JC subscribed to this notion. In internal page No.2 of the order passed by him he has noticed that Sri Shaik Ahmed, S/o Late Ibrahim Sab has executed sale deeds on 08.02.1990 and 03.12.1992 covering an extent of Ac.3.00 gts, of land, lying in Sy.No.257 of Nandigama Village, Patancheru village, Medak District.
..2..
The Joint Collector has never bothered to verify from the Sub-registrar's office as to whether Sri Shaik Ahmed, s/o late Ibrahim Sab was present before the Sub-registrar and admitted the execution of sale deeds before him and also provided his thumb impressions to be kept in the records of the Sub-registrar's office, for him to entertain a claim with regard to fraud said to have been played upon Sri Shaik Ahmed by some others. Without anything being done like that, he straight away proceeded and ordered for correction of revenue records showing the name of Shaik Ahmed, S/o Late Ibrahim Sab, R/o Nandigama village, Patancheru Mandal, Medak District in the revenue records and directs the Tahsildar to issue Pattedar pass books and title deeds accordingly. This was carried out in a revision said to have been preferred to him under Section 9 of ROR Act in the year 2006. The sale transactions, which have taken place on 08.02.1990 and 03.12.1992, could not have been undone in a claim made 14 years subsequent thereto.
I am, therefore, of the opinion that the Joint Collector has passed the order for extraneous reasons and considerations. Before any such adverse inference is drawn, since no counter-affidavit has been filed on behalf of the Joint Collector in spite of notices having been served on the respondents, I consider it as appropriate to put Sri Rama Sankara Naik, IAS on notice in this regard. Therefore, communicate a copy of this order to the Principal Secretary in the Government, General Administration Department (GAD), Secretariat buildings, State of Telengana, Hyderabad with a request to serve the same on Sri Rama Sankara Naik, IAS, wherever he is functioning today.
Since none appears for the contesting respondents, they are set exparte and right of audience of the contesting respondents is forfeited.
Stay earlier granted by this Court shall continue till the judgment is rendered in this matter. Copy of this order may also be delivered today itself to the learned Assistant Government Pleader for Revenue (State of Telangana) Post after two weeks in the motion list."
Sd/- K.M.RAMESH BABU ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Principal Secretary, Revenue Department, Govt. of Andhra Pradesh, Secretariat, Hyderabad.
2. The Joint Collector, Medak District at Sanga Reddy.
3. The Mandal Revenue Officer, Patancheru Mandal, Medak District.
4. The Principal Secretary, General Administration Department (GAD), Secretariat Buildings, State of Telangana, Hyderabad, (with a request to serve a copy of this order on Sri Rama Sankara Naik, IAS, wherever he is functioning) (By Spl. Messenger)
5. Two CCs to G.P. for Revenue (TG), High Court, Hyderabad. (By Spl. Messenger)
6. One CC to Sri P.Venkata Reddy, Advocates(OPUC)
7. One spare copy.
SAH HIGH COURT NRRJ DATED: 20-11-2014 NOTE: POST AFTER TWO WEEKS IN THE MOTION LIST ORDER WP.NO. 2392 OF 2008 DIRECTION DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 20-11-2014 HIGH COURT NRRJ DATED: 20-11-2014 NOTE: POST AFTER TWO WEEKS IN THE MOTION LIST ORDER WP.NO. 2392 OF 2008 DIRECTION