IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.12845 of 2005 Date: 19th October, 2010 Between: Maddula Vivekananda .. Petitioner And The Joint Collector, Krishna district, Machilipatnam and others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.12845 of 2005 ORAL ORDER: This writ petition is filed questioning the order passed by the first respondent-Joint Collector in Proceedings Rc.No.D2/456/2001 dated 10.5.2005 in Revision Petition filed under Section 9 of A.P. Record of Rights and Land and Pattadar Passbooks Act, 1971 read with Rule 23 of A.P. Record of Rights Rules, 1989, wherein the orders of the third respondent-Revenue Divisional Officer, Vijayawada in Proceedings D.Dis.No.B3 288/2000 dated 23.11.2000 dismissing the appeal filed by the petitioner questioning grant of pattedar passbooks and title deeds issued in favour of petitioner in respect of land admeasuring Ac.1-63 cents in R.S.No.785/3 of Nunna village of Vijayawada Rural Mandal was reversed and the matter was remanded to the second respondent-Mandal Revenue Officer, Vijayawada Rural Mandal for fresh enquiry. It appears, the fourth respondent has filed an application before the second respondent seeking cancellation of pattedar passbooks issued in favour of petitioner in respect of land admeasuring Ac.1-63 cents in R.S.No.785/3 of Nunna village, Vijayawada Rural Mandal. It was the case of the fourth respondent that one Karumuri Venkata Reddy and Karumuri Chandra Reddy, sons of late Rami Reddy, residents of Nunna village of Vijayawada Rural mandal filed Writ Petition No.19628 of 1999 before this Court seeking to incorporate their names in the revenue records in respect of the land to an extent of Ac.10-27 cents in R.S.No.785 of Nunna village and to issue pattedar passbooks in his favour. The said writ petition was disposed of by order dated 20.9.1999 directing the second respondent to dispose of the representation made by the petitioner on 29.6.1999 praying to consider for mutation in the revenue records and pass appropriate orders, within a period of four weeks from the date of receipt of this order. It is the case of the petitioner that he filed an application before the second respondent stating that he purchased the land to an extent of Ac.1-63 cents in R.S.No.785/3 of Nunna village from Bommareddy Ramireddi and his brother Sambireddy, sons of late Gopireddy and their sons Gopal Reddy S/o Rami Reddy and Gopi Reddy S/o Sambi Reddy residents of Nunna village under registered sale deeds dated 30.4.1998 bearing Doc.Nos.1527 and 1528 of 1998 and requested to issue pattadar passbook in his favour. After conducting a detailed enquiry, petitioner was issued with pattadar passbook and title deed in respect of the said land. Aggrieved thereby, fourth respondent filed objections before the second respondent. After a detailed consideration of the matter, the second respondent passed orders dated 15.2.2000 confirming the sale transaction of the petitioner as genuine one. In this regard, the second respondent recorded the following findings: “In the affidavit, they have stated that the land in D.No.431/3C Old S.No.1163 R.S.No.785/3 Acs.2.60 of Nunna village originally relates to their late grand father. But they have not mentioned how the land was acquired by his grand father Sri Karumuri Subba Reddi. His grand father has also not found in the village accounts also. As seen from the affidavit, the petitioners signed it on 25.11.1999 i.e. before the hearing date on 26.11.1999. Hence the notary affidavit issued by them for the purpose of enquiry, moreover the petitioners have not filed any documentary evidence to the effect that the said land relates to their grand father. Hence it is not correct that the said land belongs to the petitioners. The village accounts shows that either the name of their grand father or the petitioners names are not found around the R.S.No.785/3 of Nunna village. Copy of rough patta filed by the petitioners, the land in R.S.No.785/3 Acs.5.60 shows that it is in the names of Sri Shaik Baba Saheb and Bommareddi Gopalswamy. Hence it is evident that the petitioners are not having any in this R.S.No.785/3. On 14.12.1999, the petitioners, their GPA and some villagers of Nunna village have filed the following papers. Affidavit of Smt.Munnangi Malleswari W/o Pitchireddi issued before a Notary on 3.12.1999. As seen from the above affidavit, the deponent stated that the land measuring Acs.2.60 in R.S.No.785/3 of Nunna village belongs to Karumuri Venkatareddi and Sri Karumuri Chandrareddi and it was let out the said land to her for cultivation long back and she is paying land revenue etc., in her name and hence her name was mentioned in the revenue accounts. After expiry of lease period, she has handed over back the land to the owners. The version of Smt.M.Malleswari stated in the affidavit is found to be not correct. If she has taken the land from the owners, she has not mentioned the period of lease or filed any evidence to the effect. Moreover, she has given the affidavit on 3.12.1999 which might be given support to the petitioner. She has also mentioned that her name was mentioned in the revenue accounts and it is also not correct. The petitioners have also filed a Mahajar Petition of the villagers stating that the said land relates to the petitioners. If the land relates to the petitioner, the villagers themselves filed the petition. On 30.12.1999, the petitioners have filed M.C. Case No.65/1981 record in which K.Venkatareddi and others are the petitioners and B.Rami Reddi, Sambireddi, Subbareddi are the respondents. This case was enquired by the then Taluk Magistrate and passed an order No.MC.67/1981 dated 26.6.1981 deciding that the land under dispute relates to the respondents and the petitioners are the villagers have no right over the land. Hence it is evident that the petitioners Sri K.Ramireddy and Chandrareddi have no right over the land. Finally on 20.1.2000 the petitioners filed representations stating that the disputed land belongs to them and requested for issue of pattadar passbook for the land. They have also filed copies of Eenadu paper cuttings stating the land belongs to them”. Questioning the said order, fourth respondent carried the matter in appeal before the third respondent and the third respondent while upholding the order passed by the second respondent dismissed the appeal vide order dated 23.11.2000 with the following findings: “Both the parties along with their advocates and Village Administrative Officer, Nunna have attended before me on 27.10.2000 as per the hearing fixed. Heard the arguments of both the Advocates. As seen from the Fair Adangal of Nunna village which was prepared after completion of Resurvey, the name of the appellant i.e. Karmoori Chandra Reddy or Venkata Reddy or Subba Reddy were not mentioned against R.S.No.785/3 (old Survey No.431/3C) for Ac.5.60 cts. and the appellants are not in possession for last many years as per revenue records. The respondent Sri Maddula Vivekananda has stated to have purchased the land from respondents who are heirs of Bomma Reddy Gopala Swamy. Hence, I see that there are no merit in the appeal filed by Sri Karumoori Chandra Reddy and Venkata Reddy”. Being aggrieved by the said order, fourth respondent filed revision before first respondent under Section 9 of A.P. Record of Rights and Land and Pattadar Passbooks Act, 1971 read with Rule 23 of A.P. Record of Rights Rules, 1989. However, the first respondent vide impugned order dated 10.5.2005 while setting aside the orders passed by respondents 2 and 3, remanded the matter to the second respondent-Mandal Revenue Officer for reconsideration. The first respondent, while passing the impugned order, made the following observations: “Perused the Revision Petition and the documents filed by the Revision Petitioner. The case finally posted for arguments on 6.4.2005. The Advocate for the Revision Petitioner was present and the Advocate for the respondent failed to present. The contention of the revision petitioner is that from 1953 basing on false patta No.1163 Avuthu Rami Reddy occupied and used the land of Karumuri Subba Reddy Kunta an extent of Ac.2.27 + Ac.1.30 (Ac.1.63) + Ac.0.33 (Ac.1.63) cents which comes in total Ac.3.90 cents and paying cists upto 1980. During the y ear 1981 the son of Gopal Reddy by name Bommareddi Rami Reddyhas sold Ac.2.27 cents to Avuthu Rami Reddy by dividing the land. In 1981 the then Tahsildar, Vijayawada has created right to Avuthu Rami Reddy for the above extent Ac.1.30 cents. In the year 1998, 2nd respondent Maddula Vivekananda has purchased the said land Ac.1.30 cents (but it was mentioned in the document as Ac.1.63 cents) from Bommareddi Rami Reddy S/o Gopala Reddy, without mentioning the False Patta but mentioning the will of the year 1929 and December 1952 sale deed and that as per the ROR Act, the pattadar passbook and title deed should be given only to agricultural land and the land under question is now using for non- agricultural purpose. The 2nd respondent contending that the appellants did not file any registered documents or pattas issued by the Government. Notarised affidavit will not prove the title of the appellants and that he has purchased the property in R.S.No.785/3 Ac.1.63 cents of land for valid and valuable consideration on 20.4.1998 under the registered documents No.1527 and 1528 of 1998 and that all the revenue records of the Government contains the names of the respondent’s vendor and their predecessors in title. Hence for all the above reasons, I am of the view that the title as well as the issue of pattadar passbooks and title deeds in respect of the land in question and also the above points contended by both the petitioner and the 2nd respondent are to be examined carefully and hence the orders issued both the 1st and 3rd respondents are hereby set aside. The matter is remanded by the 1st respondent/Mandal Revenue Officer, Vijayawada (Rural) i.e. the Recording Authority for Denovo Enquiry into all the above aspects and decide the title of the land and to pass orders by giving reasonable opportunity to the parties to produce documentary evidence if they so desire. The above case is disposed of accordingly”. Being aggrieved by the said order, the present writ petition is filed. The learned counsel for petitioner strenuously contended that absolutely there is no basis for recording such a finding by the first respondent for allowing the application and remanding the matter for reconsideration. The findings recorded by the primary authority as well as by the appellate authority are based on sound principles and as per law. Since the petitioner has purchased the land under registered sale deeds, the only course available for the fourth respondent was to seek cancellation of the same before the competent Civil Court. Instead of doing so, he has approached the Revenue authorities seeking cancellation of pattadar passbooks and title deeds. The first respondent has erred in allowing the revision and remanding the matter for reconsideration, therefore, the impugned order is arbitrary, illegal and liable to be set aside. Per contra, Mr.V.S.R.Anjaneyulu, appearing for fourth respondent states that the writ petition is not maintainable, since the petitioner had sought Writ of Mandamus seeking to declare the order passed by the first respondent in RC.No.D2/456/2001 dated 10.5.2005 as arbitrary and illegal, instead of Writ Certiorari. I am afraid, I cannot accede to the submission made by the learned counsel for fourth respondent. The first respondent has traced the title of fourth respondent and it was stated that one Karumuri Subba Reddy was the original owner of schedule land in R.S.No.785 Ac.10-37 cents situated in Nunna village of Vijayawada (Rural) Mandal. During the year 1920, the schedule land was given by the then Zamindar of Vuyyuru to the above named K.Subba Reddy. The schedule land is well known as Subbayya Kunta. K.Subba Reddy has only one son by name Karumuri Rami Reddy. Karumuri Rami Reddy has two sons by name Karumuri Venkata Reddy and Chandra Reddy. Out of Ac.10-37 cents for Ac.1-63 cents, the Mandal Revenue Officer, Vijayawada (R) has issued pattedar passbook and title deed in favour of petitioner. The land admeasuring Ac.10-37 cents in R.S.No.785 belongs to Kanumuri Subba Reddy. He sold Ac.2-25 cents in R.S.No.785/1 to Yarkareddy Venkata Subba Reddy and Ac.2.52 cents in R.S.No.785/2 to AVuthu Seethamma. The remaining Ac.5.60 cents in R.S.No.785/3 was kept by Subba Reddy with him. After the death of Subba Reddy during the year 1960 his heirs have not looked after the extent of Ac.5.60 cents properly and they were went on for livelihood Bomma Reddy Gopi Reddy occupied land Ac.1.63 cents out of Ac.5.60 cents. Bommareddy Gopi Reddy sold the said occupied land Ac.1.63 cents to the petitioner. What all stated by the respondent was recorded and it was believed to be true as gospel truth without there being any iota of evidence or revenue record to this effect. Whereas claims to have purchased the land under registered sale deed in the year 1998 and has been in possession and enjoyment of the same and in pursuance of the registered sale deeds, he was issued with pattedar passbooks and title deeds. Therefore, it cannot be said that on the basis of some oral evidence or some history recorded, petitioner was issued with pattedar passbooks. Pattedar passbooks can be issued only on the basis of evidence as required under law. The registered sale deed is recognized by law and on the basis of the same, pattedar passbooks can be issued. In this case, pattedar passbooks was issued only on the basis of registered sale deed and admittedly, petitioner has been in possession of the property. Under those circumstances, I am of the considered opinion that the findings recorded by the first respondent are not supported by any documentary evidence. In the result, the writ petition is allowed and the impugned order is set aside. However, it is made clear that if the fourth respondent is really interested to pursue the matter, it is always open for him to approach competent Civil Court and work out his remedies as available under law. There shall be no order as to costs. ______________ C.V.RAMULU, J Date: 19.10.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.12845 of 2005 19.10.2010