THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT APPEAL No.235 of 2007
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. P.Meher Srinivasa Rao, learned counsel
representing Ms. N.Kamala, learned counsel for the appellant.
Mr. A.Prabhakar Rao, learned counsel for respondent
No.4.
2. This intra court appeal arises out of an order
dated 30.10.2006, passed in W.P.No.22381 of 2006 by
learned Single Judge of this Court, by which writ petition
preferred by the appellant has been dismissed.
3. For the sake of convenience, the parties shall be
referred to in this order as per their ranking before the
learned Single Judge.
4. Facts
giving rise to filing of this appeal briefly stated are that father of the petitioner namely Late Gattu ::2::
Narayana was the joint owner of land measuring Ac. 23.36 guntas in Survey Nos.385 and 386, situated at Usru Village, Thimmapur Gram Panchayat in Warangal District (briefly referred to hereinafter as 'the land in question'). After the death of the father of the petitioner, the land in question devolved on the petitioner as well as other legal heirs.
5. Petitioner along with other legal heirs filed an application under Section 166-B of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F before the District Revenue Officer for rectification of the entries in the revenue records. The aforesaid application was allowed by the District Revenue Officer by an order dated 16.02.2004 and rectification of the revenue records was ordered. The petitioner as well as the other legal heirs approached the Mandal Revenue Officer. Thereupon the Mandal Revenue Officer issued pattadar passbooks and the title deeds under the Andhra Pradesh Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (briefly referred to hereinafter as 'the Act') to the petitioner.
::3::
6. The petitioner thereafter sold land measuring Ac. 1.03 guntas on 21.03.2005 vide registered sale deed to one Palakurthy Naga Raju. The aforesaid person filed O.S.No.253 of 2005 against respondent No.4, in which an interim order of injunction was passed against respondent No.4 in I.A.No.598 of 2005. During the pendency of the suit, respondent No.4 filed a revision under Section 9 of the Act before the Joint Collector, Warangal District. The Joint Collector by an order dated 08.02.2005 suspended the proceeding of Mandal Revenue Officer granting pattadar passbooks to the petitioner. The petitioner and one other person filed a writ petition namely W.P.No.3552 of 2005 which was disposed of by learned Single Judge of this Court by an order dated 29.09.2005 directing the Joint Collector, Warangal District, to dispose of the revision within a period of three (03) weeks.
7. The Joint Collector, Warangal District, by an order dated 15.05.2006 allowed the revision petition. The petitioner challenged the aforesaid order in W.P.No.22381 of 2006. The learned Single Judge by an order dated 30.10.2006 dismissed ::4::
the writ petition. In the aforesaid factual background, this intra court appeal has been filed.
8. Learned counsel for the appellant at the outset submitted that the order dated 30.10.2006 passed in W.P.No.22381 of 2006 by the learned Single Judge be confined in respect of land measuring Ac. 1.31 ½ guntas executed in favour of respondent No.4 vide registered sale deed bearing No.6007 of 2004 dated 26.07.2004. The aforesaid prayer has not been fairly opposed by learned counsel for respondent No.4.
9. We have considered the submissions made on both sides and has perused the record. The Joint Collector, Warangal District by an order dated 15.05.2006 has inter alia allowed the revision petition on the ground that respondent No.4 had obtained a layout from Kakatiya Urban Development Authority and the land ceases to be an agricultural land. Therefore, the provisions of the Act has no application to the fact situation of the case. It was further held that Mandal Revenue Officer had no authority to issue pattadar passbooks in favour of land which was not an agricultural land. It was ::5::
further held that under Rule 3 of Andhra Pradesh Rights in Land and Pattadar Passbooks Rules, 1989 (briefly referred to hereinafter as 'the Rules'), the rectification of entries is outside the purview of the provisions of the Act and the Rules. Therefore, the same was set aside by the Joint Collector.
10. The order passed by the Joint Collector, Warangal District dated 15.05.2006 and the order dated 30.10.2006 passed in W.P.No.22381 of 2006 by learned Single Judge does not suffer from any infirmity warranting interference of this Court in exercise of powers under Clause 15 of the Letters Patent. However, it is clarified that the order of the learned Single Judge only relates to the land measuring Ac. 1.31 ½ guntas covered under registered sale deed bearing No.6007 of 2004 dated 26.07.2004 executed in favour of respondent No.4. Needless to state that in respect of remaining land, the petitioner shall be at liberty to take recourse to such remedy as may be available to him in law.
11. With the aforesaid clarification, the Writ Appeal is dismissed. There shall be no order as to costs.
::6::
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_______________________________ ALOK ARADHE, CJ _______________________________ N.V.SHRAVAN KUMAR, J Date: 11.09.2023 KL