Case: Jt.Collector Ranga Reddy Dist.&amp; Anr.Etc Vs. D.Narsing Rao &amp; Ors. Etc.Etc

3. Broadly speaking, the facts leading to filing of these appeals are as follows: There is no dispute that Gopanpally village in Ranga Reddy district was a Jagir village. According to the writ petitioners Survey Nos.36 and 37 measuring Ac 280.00 guntas and Ac.378.14 guntas of the said village were Jagir lands and Jagirdar had given Pattas to different persons who were in possession of the lands and after abolition of Jagirs the same were reflected as Pattas in Khasra Pahani for the year 1954-55 which was prepared under Section 4(2) of the Andhra Pradesh (Telangana Area) Record of Rights in land Regulation, 1358F and subsequently the Pattadars had alienated the lands to the petitioners under registered sale deeds and they are in possession of the same. It is their further case that Patta was granted to an extent of Acre 44-00 in Survey No.36 and to an extent of acre 46-00 in Survey No.37 and while the matter stood thus, the petitioners on inquiry came to know that the Government has reserved and allotted a total extent of 477 acres in Survey Nos.36 and 37 of Gopanpally village for house sites to the Government employees by Government Orders dated 10.7.1991 and 24.9.1991, without mentioning the sub-division Nos. of the survey numbers and the Patta lands of the petitioners are also sought to be included within the area reserved and the petitioners challenged the same by filing writ petition No.21719 of 1997 on the file of the High Court. The writ petitioners have further stated that the Respondent No.1 at the instance of Respondent No.2 had issued notice dated 19.12.2003 to the writ petitioners and others stating that on verification of records i.e. namely Faisal Patti for the year 1953-54 in respect of the land bearing Survey Nos.36 and 37 of Gopanpally village there is no Ain Izafa (i.e.) (implementation of changes) taken place in respect of the said land and the entries in the Khasra Pahani appears to be incorporated by the then Patwari without order from the competent authority and an enquiry under Section 9 of the Andhra Pradesh Rights in Land to Pattadar Passbooks Act, 1971, is scheduled for hearing on 27.12.2003 and the writ petitioners challenged the said notice by filing Writ Petition No.26987 of 2003 and the learned Single Judge of the High Court allowed the said Writ Petition by order dated 30.8.2004 and set aside the impugned show cause notice. It is further stated by the writ petitioners that the first respondent on the very same basis issued subsequent notice dated 31.12.2004 for enquiry under Section 166B of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F fixing the date of hearing on 5.2.2005 and the petitioners challenged the same in their writ petition No.1731 of 2005 and the learned single Judge of the High Court heard both the writ petitions i.e. 21719 of 1997 and 1731 of 2005 together4. The said writ petitions were resisted by the Government by stating that the Jagirs were abolished on 15.8.1948 by the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 fasli and the pre-existing rights in all the Jagirs were taken away and as per the Khasra Pahani for the year 1954-55 the sub-divisions were made under Survey Nos.36 and 37 of the village Gopanpally fraudulently by the Patwari and those sub-divisions and names were not approved by Nizam Jamabandi in Faisal Patti during the year 1954-55 as per the procedure in vogue and the schedule land bearing survey Nos. 36 and 37 from the time of Jagir abolition on 15.8.1948 is classified as Chinna Kancha (grazing land) and it belongs to the Government and the said unauthorized entries in Khasara Pahani made by the then Patwari were detected by the Revenue Authorities and hence enquiry has been ordered under Section 166B of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317F and only a show cause notice has been issued5. The learned single Judge by common order dated 15.9.2009 set aside the impugned Government order in GOMS No.850 dated 24.9.1991 insofar as the lands held by the writ petitioners to the total extent of Acre 90-00 in Survey Nos.36 and 37 are concerned and also set aside the impugned notice dated 31.12.2004 and accordingly allowed the writ petitions. Aggrieved by the same respondents 1 and 2 namely the Government preferred appeal in writ Appeal Nos. 273 and 323 of 2010 and the Division Bench of the High Court after hearing both sides dismissed both the writ appeals by common judgment dated 8.6.2010. Challenging the same the State Government has preferred the present appeals. Respondent No.13 in writ appeal 323 of 2010 has also preferred an independent appeal before this Court and all the three appeals are heard together.

Reasoning: we are of the view that the Division Bench of the High Court was right in affirming the view of the learned single Judge of the High Court that the suo motu revision undertaken after a long lapse of time, even in the absence of any period of limitation was arbitrary and opposed to the concept of rule of law18. It is trite that if no period of limitation has been prescribed, statutory authority must exercise its jurisdiction within a reasonable period. What, however, shall be the reasonable period would depend upon the nature of the statute, rights and liabilities thereunder and other relevant factors10. Admittedly, the names of the predecessors in title of the respondents are found mentioned in the Khasra Pahani of the year 1954-55 pertaining to Survey Nos.36 and 37 of Gopanpally village. The purchase of the said lands by the respondents from them under registered sale deeds are also not seriously disputed. The further fact is that they have been regularly paying land revenue continuously since the year 1954. The appellants herein issued the impugned notice dated 31.12.2004 under Section 166B of A.P. (Telangana Area) Land Revenue Act,1317 F (1907) for cancellation of entries in the Khasra Pahani of the year 1953-54, by fixing the date of inquiry as 5.2.2005 and that notice is the subject matter of challenge here11. No time limit is prescribed in the above Regulation for the exercise of suo motu power but the question is as to whether the suo motu power could be exercised after a period of 50 years. The Government as early as in the year 1991 passed order reserving 477 acres of land in Survey Nos. 36 and 37 of Gopanpally village for house-sites to the government employees. In other words the Government had every occasion to verify the revenue entries pertaining to the said lands while passing the Government Order dated 24.9.1991 but no exception was taken to the entries found. Further the respondents herein filed Writ Petition No.21719 of 1997 challenging the Government order dated 24.9.1991 and even at that point of time no action was initiated pertaining to the entries in the said survey numbers. Thereafter, the purchasers of land from respondent Nos.1 and 2 herein filed a civil suit in O.S.No.12 of 2001 on the file of Additional District Judge, Ranga Reddy District praying for a declaration that they were lawful owners and possessors of certain plots of land in survey No.36, and after contest, the suit was decreed and said decree is allowed to become final. By the impugned Notice dated 31.12.2004 the suo motu revision power under Regulation 166B referred above is sought to be exercised after five decades and if it is allowed to do so it would lead to anomalous position leading to uncertainty and complications seriously affecting the rights of the parties over immovable properties12. In the light of what is stated abovewe are of the view that the Division Bench of the High Court was right in affirming the view of the learned single Judge of the High Court that the suo motu revision undertaken after a long lapse of time, even in the absence of any period of limitation was arbitrary and opposed to the concept of rule of