WP/26541/2006 of A. Shjankar Rao yadav, Vs State of A.P., rep. by its District Collector, on 22 December 2006

ORDER:

THE HON’BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.26541 OF 2006

The first petitioner and the second petitioner have allegedlypurchased the property admeasuring Acs.10.13 guntas in survey No.168situated at Daira village of Keesara Mandal in Ranga Reddy District fromSmt.Lingamani under registered sale deeds dated 27.03.1997 and29.03.2007 respectively. It is the case of the petitioners that the propertywas originally owned by M.A.Razak and Nukalagudem Nagaiah, whojointly executed sale deed in favour of Lingamani on 12.03.1980. However, respondents 5 to 23 herein filed a suit being O.S.No.708 of1996 on the file of the Principal Subordinate Judge, Ranga ReddyDistrict against Lingamani, for declaration of title and rectification ofentries in record of rights (RoR) and the same was decreed ex parte on18.10.2003. Thereafter, respondents 5 to 23 filed an application beforethe third respondent (Revenue Divisional Officer (RDO)) for grant ofOccupancy Rights Certificate (ORC) presumably under A.P.(TalanganaArea) Abolition of Inams Act, 1955 (Inams Abolition Act, for brevity). TheRDO granted ORC vide proceedings No.J/3606/1998, dated 30.12.2003. The contesting respondents approached the fourth respondent (MandalRevenue Officer (MRO)) for implementing ORC and issue of pattadarpass books and title deeds (PPB/TDs) duly apportioning their respectiveshares. The MRO conducted enquiry and issued proceedingsNo.B/5490/2004, dated 23.11.2006 ordering registration of respondents 5

to 23 as pattadars and possessors in RoR and issue of PPB in theirfavour as per the shares allotted to four branches of their family. Aggrieved by the orders of the MRO, present writ petition is filed[[1]].

It is the case of the petitioners that respondents obtained ex partedecree, dated 18.10.2003 in O.S.No.708 of 1996 against Smt.Lingamani,without impleading the petitioners herein. Subsequently, on anapplication moved by the defendant therein, e x parte decree was setaside restoring the suit. Respondents 5 to 23, subsequently, did nothowever press the suit, and therefore, the suit was dismissed as notpressed. Notwithstanding this, respondents played fraud and obtainedORC and favourable orders from the MRO. Therefore, any orders of therevenue authorities are not binding on the petitioners. It is alsocontended that though the facts were brought to the notice of the JointCollector, the second respondent herein, the revision was dismissed bynon-speaking order resulting in passing of the impugned order by theMRO. These submissions are reiterated by the learned counsel for thepetitioners. Per contra, learned Assistant Government Pleader opposedthe writ petition. Relying on Section 8(2) of the A.P.Rights in Land andPattadar Pass Books Act, 1971 (the RoR Act, for brevity), learnedAssistant Government Pleader contends that if any person is aggrievedby RoR, by reason of alleged title, such person has to claim remedy incivil Court and that this writ petition is wholly misconceived.

This writ petition is wholly misconceived. There is no dispute thatrespondents 5 to 23 obtained ORC from RDO and then filed applicationbefore the MRO for implementation of ORC as well as grant of PPB. Asrightly pointed by the learned Assistant Government Pleader, Section8(2) of the RoR Act permits a person aggrieved by the RoR to approach acivil Court. Therefore, it is only the civil Court decree, which wouldgovern the RoR and PPB. The petitioner is given liberty to approach thecivil Court.

The writ petition is devoid of any merit and is accordinglydismissed. No costs.

22.12.2006.pln

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(V.V.S.RAO,J)

Conclusion

[1] The affidavit accompanying the writ petition is not cohesive, comprehensive andlogical. After perusing the affidavit and the impugned order, the above brief facts areculled out. The affidavit accompanying the writ petition is not cohesive, comprehensive andlogical. After perusing the affidavit and the impugned order, the above brief facts areculled out.