THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.19225 of 2002 July 06, 2010 Between: Thellapuram Ram Reddy, S/o.Krishna Reddy … Petitioner And The Joint Collector, Ranga Reddy District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.19225 of 2002 ORDER: The petitioner’s grandfather, Venkat Reddy, was owner of land admeasuring Acs.6.12 guntas in S.No.456 situated at Kondakal Village of Chevella Mandal in Ranga Reddy District. He had three sons – Kista Reddy, Raji Reddy and Raghava Reddy. It appears that Venkat Reddy sold the property admeasuring Acs.4.12 guntas in favour of third respondent under two agreements of sale (Ekararnamas) some time in June 1962. The sales were recognized in Faisal Patti for the year 1964. After the death of Venkat Reddy, succession was granted in favour of petitioner’s father with the Shikmi (share) to Raji Reddy and Raghava Reddy. In July 1997, second respondent sent a report to the Joint Collector alleging that the name of third respondent was entered in the Pahanis for the years 1954-1955 to 1960-1961 without there being Nazim-e-Jamabandi. He therefore sought necessary orders for correction of entries in respect of S.No.456 of Kondakal Village. The report of the Mandal Revenue Officer (MRO) was taken up as a suo motu revision by the first respondent. After issuing notice to rival parties and perusing the record, first respondent rejected the proposal of MRO for correction of entries in favour of petitioner’s family. The said order is assailed in this writ petition. The counsel for petitioner submits that the finding of Joint Collector is not based on evidence, when the MRO has referred to Pahanis and also pointed out that there is no approval of Faisal Patti in Nazim-e-Jamabandi, Joint Collector erroneously relied on Faisal Patti. Secondly he contends that MRO conducted enquiry, after considering all records sent report for correction of entries and, therefore, Joint Collector ought to have accepted the same. Per contra, the counsel for third respondent submits that the revisional authority recorded finding of facts and, therefore, no interference is called for. Nextly he pointed out that the revisional authority while exercising the power has not committed any error requiring interference. The operative portion of the order of Joint Collector reads as under. Perused the copies of the documents filed by the respondent. As per the copy of the registered sale deed No.259 of 1952, dated 12.7.1952, Sri Guthi Shivaiah has purchased an extent of Ac.2.12 guntas in Sy.No.456 situated at Kondakal Village for a consideration of Rs.100/- from the pattedar. As per copy of the Ekararnama executed on stamp paper of Rs.10/- on 5.6.1962 by Sri Tellapuram Venkat Reddy, S/o.Bal Reddy, father of the petitioners, it is evident that Sri Guthi Shivaiah, the respondent has purchased the land in Sy.No.456 two times totaling Acs.4.12 guntas, and accordingly the respondent is no objection or any rights over the said land possessed by Shri Shivaiah. As per the copy of Faisal Patti for the year 1964, succession of lands of the deceased pattadar Sri Venkat Reddy has been sanctioned in favour of his son Sri Kista Reddy with the Shikmi of Sri Raji Raji Reddy and Raghava Reddy, the petitioners therein. In the succession statement, the extent of the above documentary evidences, it is clearly established that Sri Guthi Shivaiah is the owner and possessor for an extent of Ac.4.12 guntas and Sri Tellapuram Venkat Reddy is for an extent of Ac.2.00 in Sy.No.456 of Kondakal Village. As per the copies of the following registered documents, the petitioners have already sold the land in favour of Sri Kistaiah who is the brother’s son of Sri Shivaiah, respondent. Sl. No Regd. Document No. and Date Extent Ac. Gts. Name of the Vendor Name of the Vendee 1. 80/88, 5.1.1988 0.21 Kista Reddy Guthi Kistaiah 2. 83/88, 5.1.1988 0.26 Raghava Reddy Guthi Kistaiah 3. 85/88, 5.1.1988 0.27 Raji Reddy Guthi Kistaiah The above registry has been implemented in the Pahani for the year 1991-1992 in favour of Sri Kistaiah, purchaser. The petitioners have become pattedars for an extent of Ac.2.00 from their father in succession and have sold an extent o Ac.1.34 guntas, leaving balance of Ac.0.06 guntas. As per the extract of Pahani for the year 1997-1998 furnished by the M.R.O., the following persons have been recorded as pattedars over the subject land. Sl. No Sy. No. Extent Ac. Gts. Name of the Pattedar 1. 456/A 0.06 Kista Reddy, S/o.Venkat Reddy 2. 456/A1 1.34 Guthi Kistaiah, S/o.Mallaiah 3. 456/AA 2.06 Pedda Mallaiah, S/o.Buchanna 4. 456/AA1 2.06 Shivaiah, S/o.Buchanna Guthi Total 6.12 As rightly pointed out by the counsel for petitioner, Faisal Patti for the year 1964, in which the sale of land admeasuring Acs.4.12 guntas in favour of third respondent is recognized, became crucial before the revisional authority. The MRO did not accept the same on the ground that the entries in the Faisal Patti were not approved by the Nazim-e- Jamabandi. In the considered opinion of this Court, when once sales by Venkat Reddy in favour of third respondent were not disputed and third respondent was in possession of the land, non-approval of entries in Faisal Patti is not of much relevance. Secondly after death of Venkat Reddy, his three sons – petitioner’s father and two others – obtained succession. Even at that time, they did not raise any objection with regard to sale of property in favour of third respondent. Thirdly the petitioner’s father and two others sold the land except Acs.0.06 guntas in favour of Kistaiah, who is none other than the nephew of third respondent. This itself would show that the petitioner’s predecessors acquiesced in the title to third respondent which reflected in the Faisal Patti. In that view of the matter, this Court does not find any error apparent on the face of record warranting interference. The writ petition is therefore dismissed. No costs. ________________ (V.V.S. RAO, J) July 06, 2010 YS