Smt. Razia Sultana v. The Special Grade Deputy Collector & Revenue Divisional Officer, Chevella Division

Order

This writ petition is filed, questioning the order of the 1st respondent-Special Grade Deputy Collector and Revenue Divisional Officer, Chevella Division, dated

14.10.2009, passed in Proceedings No.C/2522/2008, and the consequential order, dated 19.11.2009, passed by the 2nd respondent-Tahsildar in Lr.No.D/1302/2009. By the order, dated 14.10.2009, the appeal filed by respondents 3 to 8 herein under Section 5(5) of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, is allowed by the 1st respondent. The dispute relate to entries in record of rights with regard to the land admeasuring Ac.4.00 gts., covered by Sy.No.148 of Kismathpoor village in Rajendranagar Mandal of Ranga

Reddy District. The names of Sri L.Krishna Reddy, L.Pratap Reddy and L.Srinivas Reddy, were recorded as pattadars in respect of the aforesaid land. The petitioner herein has filed an application before the Deputy Collector and Mandal Revenue Officer of Rajendranagar Mandal for change of record, based on the alleged gift deed executed by one Sri Mohd.Ali Siddiqui, who is none other than her husband. It is the claim of the petitioner that her husband has purchased the said land by way of an agreement of sale, dated 20.08.1995, from the original pattadars and got impounded the document by paying stamp duty before the District Registrar and the Collector, Ranga Reddy District, and in turn, he has executed a registered gift deed in favour of the petitioner vide document No.11404/06, dated 23.05.2006. In view of the aforesaid claim of the petitioner, the recording authority i.e. the 2nd respondent herein, has ordered for change of entries in the revenue records in respect of the land in question, by recording the name of the petitioner as pattadar. Aggrieved by the said order, respondents 3 to 8 herein have carried the matter in appeal before the Special Grade Deputy Collector and Revenue Divisional Officer, Chevella, in C/2522/2008, and the said authority has allowed the appeal by recording a finding that the unofficial respondents herein have already purchased the aforesaid land by way of registered sale deed, dated 14th August 1996, and suppressing the said fact, the petitioner got amended the record of rights. Aggrieved by the order of the appellate authority, this writ petition is filed. In the writ petition, it is the case of the petitioner that the appellate authority, without issuing notice and giving opportunity to her, has passed the impugned order, allowing the appeal filed by respondents 3 to 8. It is submitted by the learned counsel for petitioner that as there is a valid registered gift deed in favour of the petitioner executed by her husband, there is no illegality in the order, dated 29.12.2006, passed by the primary authority in File No.D/317/06. On the other hand, it is contended by the learned counsel appearing for respondents 3 to 8 and the learned Government Pleader appearing for respondents 1 and 2, that there is no valid transfer by the original pattadar in favour of the writ petitioner. It is submitted that the husband of the petitioner is claiming right over the property pursuant to an agreement of sale, which was merely impounded by paying stamp duty, as such, it cannot be construed as a valid transfer, transferring the rights held by Sri L.Krishna Reddy and others in respect of the land in question. It is submitted that as respondents 3 to 8 have already purchased the land by way of registered sale deed dated 14th August 1996, and as the petitioner has obtained orders from the Mandal Revenue Officer by suppressing the said information, there is no illegality in the order passed by the Special Grade Deputy Collector and the Revenue Divisional Officer, Chevella, in allowing the revision filed by them. In order to examine the plea of the petitioner that she was not given any notice of hearing in the appeal, the learned Government Pleader was asked to produce the original record. When the matter is taken up, the learned Government Pleader has produced the record, which merely indicates that notice was affixed in the office of Grampanchayat. When a Statutory appeal is filed by respondents 3 to 8 herein, there is no reason for not sending notice to the petitioner, and without sending any notice to the petitioner herein, it appears, by affixing it on the notice board of the Grampanchyat, the appellate authority has decided the matter. Though it is the case of the unofficial respondents that there is valid transfer in their favour and the gift claimed by the petitioner is invalid as much as the husband of the petitioner has not acquired any rights in accordance with law, the same is a matter to be examined by the appellate authority. As much as the appellate authority has allowed the appeal by not giving notice and opportunity to the petitioner herein, I deem it is a fit case for remitting to the 1st respondent-appellate authority, for fresh consideration. In that view of the matter, without going into merits of the matter, on the ground that there is no proof of service of notice on the petitioner herein, the impugned order is set aside, and the matter is remitted to the Special Deputy Collector and the Revenue Divisional Officer, Chevella Division, Ranga Reddy District, with a direction to consider the matter afresh and pass appropriate orders as expeditiously as possible, preferably within a period of three months from today. I am sure the appellate authority will consider the claim of the unofficial respondents herein that there is no valid transfer at all in favour of the husband of the petitioner so as to claim rights under the guise of a gift stated to have been executed by her husband. The petitioner as well as respondents 3 to 8 herein shall file Memos before the appellate authority, giving their addresses for service of notice of hearing in the appeal, within a period of four weeks from today. Subject to the above observations, this writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 21st July 2011