Gattu China Venkateswarlu vs The Government Of Andhra Pradesh, ...
2023 Latest Caselaw 2227 Tel

    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