Telangana High Court
WP/27870/2008 of Ajmeera Uda Vs Aitha Bapu Reddy on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27870 of 2008 Between: Ajmeera Uda S/o. Chimka R/o. Kothapalli Village, Kataram Mandal,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.27870 of 2008
Between:
Ajmeera Uda S/o. Chimka
R/o. Kothapalli Village, Kataram Mandal, Karimnagar District.
AND
.....
PETITIONER
1 Aitha Bapu Reddy S/o. Rajaiah
R/o. Kothapalli Village, Kataram Mandal, Karimnagar District.
2 Aitha Pochi Reddy S/o. Rajaiah
R/o. Kothapalli Village, Kataram Mandal, Karimnagar District.
3 The Tahsildar
Kataram Mandal, Karimnagar District.
4 Revenue Divisional Officer Manthani Division Manthani, Karimnagar District. Manthani, Karimnagar District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India prayingthat in the circumstances stated in the Affidavit filed herein the HighCourt will be pleased to issue writ of certiorari or any otherappropriate writ calling for the records pertaining to order dt.28-10-2008 in Appeal No.A/580/2008 passed by Respondent No.4confirming the proceedings B/729/08 dt.29-7-2008 granting Patta andPossession certificate and also the validation certificates in F. No.B/1010/98 dt. 28-2-2004 and 1-3-2004 issued by R-3 and quash thesame holding the same as illegal, arbitrary inviolation of principles ofnatural justice and against the provision of Section 5A & 5B of APRights in Land & Pattadar Pass Book Act 1971 and rule 22 of APRights in Land and Pattedar Rules 1989.
Counsel for the Petitioner:SRI A.RAJASEKHAR REDDY
Counsel for the Respondents: GP FOR REVENUE
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ORDER:
THE HON'BLE SRI JUSTICE V.V.S.RAOWRIT PETITION No.27870 of 2008
The petitioner is allegedly owner and possessor of landadmeasuring Acs.2.14 in survey No.16 of Kothapalli Village, KataramMandal in Karimnagar District. He succeeded to the said property,which originally belonged to his grandfather, Ajmera Shivaram Naik. Statedly, his name is entered in the pahanies from 1999-2000 to2007-2008. In April 2008 he came to know about the proceedings atthe behest of respondent Nos.1 and 2 under Section 5A of theAndhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971(the Act, for brevity). He applied for the validation certificates, whichwere issued to him in June 2008. He then preferred an appeal underSection 5-B of the Act before the fourth respondent, who by impugnedorder dated 28.10.2008 dismissed the appeal observing thatrespondent Nos.1 and 2 are in possession and raised crops in thelands, and that the sada sale deeds were validated according to law. Aggrieved by the said order, the present writ petition is filed.
Learned Counsel for the petitioner submits that no enquiry wasconducted by the third respondent in accordance with Rule 22A(1) ofthe Andhra Pradesh Rights in Land and Pattadar Pass Books Rules,1989 (the Rules, for brevity), and that petitioner was not given noticebefore passing validation orders. Per contra, learned AssistantGovernment Pleader for Revenue (Telangana Area) submits that aneffective alternative remedy of revision under Section 9 of the Act isavailable, and therefore, writ petition cannot be entertained,especially, when there are disputed questions of fact.
This Court after perusing the material and hearing arguments oflearned Counsel is of considered opinion that the questions raisedherein require verification of records as to issue of notices validly tothe petitioner and procedure followed in accordance with the Rules. This can be best verified by the revisional authority under Section 9of the Act.
Therefore, while ordering status quo for a period of two weekswith regard to entries in revenue records, possession and title of the
Conclusion
land, petitioner is given liberty to prefer a revision under Section 9 ofthe Act before the Joint Collector, Karimnagar, within a period of tendays from today. If the petitioner fails to obtain any order by the JointCollector – revisional authority; within stipulated time, interim order ofstatus quo granted shall stand rescinded.
The Writ Petition is disposed of accordingly. No costs.
24.12.2008Note: Issue C.C by 26.12.2008.
B/o. vs
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(V.V.S.RAO, J)
To1.2CCs to2.2CD copies
Form-NIC-OGS/WP{KBJ}