IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 74 of 2008 Between: Mohammed Shafiuddin, S/o late Mr.Ahmed Moinuddin R/o H.No. 16-11-15/9/3/1, saleemnagar colony, Malakpet, Hyderabad. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District at Khairthabad, Hyderabad. 2 The Mandal Revenue Officer-cum-Dy.Collector, Saroornagar Mandal, Ranga Reddy District. 3 Mohammed Ghiasuddin Akbar, S/o late.Mr.Ahmed Moinuddin, R/o H.No.16-11-15/9/1 (part) Saleemnagar colony , Malakpet Hyderabad. 4 Mrs.Muzuffar Sultana, W/o.late Mr.Mohd.Asghar Ashraff, R/o Aziz Manzil , Kingkothi, Hyderabad. 5 Smt. Khaja Begum, W/o Late Khasim sab R/o 4-66/1 , Beside Masjid , Champapet, Hyderabad. 6 Khaja Moinuddin, S/o late Khasim Sab, R/o 4-66/1 , Beside Masjid, Champapet, Hyderabad 7 Bulquis Begum, D/o Late Khashim Sab, R/o 4-66/1, Beside Masjid, Champapet, Hyderabad 8 Ayesha Begum D/o Khasim Sab, R/o 4-66/1 , Beside Masjid, Champapet , Hyderabad. 9 Mohd. Yousuf S/o. Late Khasim Sab R/o.Champapet, Hyderabad. 10 Sabera Begum, W/o late Khasim Sab, R/o 17-1-30/86/1/3, Edi Bazar, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or direction, more in the nature of writ of Certiorari calling for the records relating to and connected with the Memo No.D5/4111/07 dated 19.8.2007 of the 1st respondent herein and quash the same by holding it as being illegal, arbitrary and in violation of principles of natural justice with a direction to entertain the application filed U/Sec.166-D of A.P (TA) Land Revenue Act, 1317 Fasli and decide the same on its merits and pass such other and further order or orders Counsel for the Petitioner:MR.V.RAMCHANDER GOUD Counsel for the RespondentNos.1 and 2: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.74 of 2008 ORDER: The petitioner filed instant writ petition challenging memo dated 19.08.2007 of first respondent, namely, the District Collector, whereby and whereunder revision petition filed by the petitioner under Section 166-B of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (the Act, for brevity) was rejected. The petitioner’s case is as follows. Nawab Azhar Jung Bahadur who was personal secretary to H.E.H. the Nizam VII acquired various landed properties including land admeasuring Acs.6.00 in survey Nos.121 to 125 at Karmanghat Village, Saroornagar Mandal, Ranga Reddy District. His name was appearing in the revenue records till 1960-1961. After death of said pattadar, name of his wife was incorporated in the revenue records upto 1964-1965. After her death in 1966, the legal heirs of Nawab Azhar Jung Bahadur did not take steps for mutation of their names in the revenue records. Taking advantage of this some unauthorized persons created fictitious documents in the name of family members of Nawab Azhar Jung Bahadur in collusion with revenue officials. The revenue records were manipulated and it appears in file No.D3/2328/66 dated 13.05.1969, name of Mohd. Khasim Sahab was shown as pattadar in respect of the disputed land. On enquiries the petitioner came to know that no enquiry was conducted before changing the mutation. The petitioner approached first respondent for certified copies of the mutation. He was not given the same on the ground that records were not available. The petitioner alleges that there is no such record like file No.D3/2328/66 and the name of Mohd. Khasim Sahab was fraudulently entered in the revenue records. In this background the petitioner filed revision petition before first respondent under Section 166-B of the Act, which was rejected by impugned memo. In this writ petition filed assailing memo dated 19.08.2007 issued by first respondent, learned counsel for petitioner submits that when Section 166-B of the Act does not prescribe period of limitation, first respondent erred in rejecting revision petition on the ground that it is belated one. Learned counsel also submits that having regard to the background of facts of the case, first respondent ought to have ordered rectification of entries in record of rights for 1965-1966. Section 166-B of the Act empowers the Government or any revenue officer not lower in rank to Collector to call for records of a case or proceeding from subordinate officers and pass necessary orders if such case/proceeding is irregular, illegal and improper. Section 166-B of the Act does not prescribe any period of limitation. Nonetheless it is well settled that when power is conferred upon a public authority without prescribing time limit such power has to be exercised within a reasonable time. (See State of Gujarat v Patil Raghav Natha[1] and Hindustan Times v Union of India[2]) The entries in revenue records were altered removing the name of the petitioner and his predecessor in 1969. The petitioner approached first respondent sometime in 2007 after lapse of about thirty-eight (38) years. This weighed that first respondent, while rejecting the request for rectification of the entries, confirmed order of Tahsildar. This cannot be faulted. Furthermore the petitioner was given liberty to institute a suit for declaration against any person denying or interested to deny the title in his (petitioner’s favour). It may be mentioned that as rightly observed by first respondent, entries in record of rights can be challenged in a suit referred to under Section 8(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The impugned memo in that view of the matter does not suffer from any infirmity. The writ petition is accordingly dismissed. No costs. _____________ (V.V.S.RAO, J) 20th November, 2008 GHN To 1 The District Collector, Ranga Reddy District at Khairthabad, Hyderabad. 2 The Mandal Revenue Officer-cum-Dy.Collector, Saroornagar Mandal, Ranga Reddy District. 3 2CCs to GP for Revenue 4 2CD copies Form-NIC-OGS/WP{MPL} [1] AIR 1969 SC 1297 [2] AIR 1998 SC 688