Chenreddy Narasimha Reddy v. The Revenue Divisional Officer, East Division, R.R.District at

THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.11914 of 2002 ORDER: The two petitioners are sons of Late Raji Reddy of Kodlapadkal village of Maheswaram Mandal in Ranga Reddy District. They filed instant writ petition seeking a writ of Mandamus directing first respondent, namely, Revenue Divisional Officer, East Division, Ranga Reddy District (RDO), to pass necessary orders on the letter dated

12.9.1994 addressed by the second respondent, namely, Mandal Revenue Officer (now, Tahsildar), Maheswaram, wherein he sought certain clarifications regarding cancellation of assignment, which was made in favour of respondents 3 to 18. The background of the case in brief may be noticed as follows. Late Raji Reddy, father of petitioners, was pattadar of admeasuring Acs.4.00 in old survey No.2 and Acs.32.00 in old survey No.3 situated at Dilwarguda village of Ibrahimpatnam Taluk, which was an Inam village. Kodlapadkal, which was a Jagir village, was surveyed in 1347 Fasli before abolition of Jagirs and Raji Reddy’s lands in Dilwarguda village were included in Kodlapadkal village and new survey numbers, namely, survey Nos.345, 345/4 etc., were given to the lands in question. These lands were also shown to be patta lands of Smt. Quthubunnisa Begum and some other lands were shown as Gairan and poramboke lands.

The pattadar however continued in possession of the lands. An appeal preferred against the order of Naizam-e-Jamabandi under Section 87 of Andhra Pradesh (Telangana Area) Land Revenue Act 1317 Fasli, was dismissed by District Collector, Hyderabad, on 17.12.1968. Further appeal was preferred to Board of Revenue, who by order dated 09.10.1974 allowed the appeal and remitted the matter to the Director of Survey, Settlements and Land Records for fresh enquiry. At that stage, Tahsildar, Ibrahimpatnam, initiated action under Andhra Pradesh Land Encroachment Act, 1905 (LE Act, for short), and ordered eviction. Raji Reddy then filed W.P.No.2911 of 1980. During the pendency of writ petition, Raji Reddy died and petitioners herein were impleaded as his legal representatives. The writ petition was allowed on 30.7.1987 observing that the Government cannot resort to LE Act. Revenue officials preferred appeal being W.A.No.534 of 1988 and the same was dismissed on 08.6.1988.

In spite of the same, it appears that Tahsildar issued Pattadar Pass Books and Title Deeds (PPBs/TDs) assignees – respondents 3 to 18 herein – though petitioners continued to be in possession of lands in survey Nos.345 and 346. Petitioners therefore filed contempt case being C.C.No.469 of 1995 against the District Collector and the MRO. By order dated 12.2.1999, this Court set aside the PPBs/TDs issued to contesting respondents. The suit being O.S.No.59 of 1994 filed by petitioners against those who attempted to trespass into petitioners’ land was also decreed on

31.12.2001. In the mean while, Tahsildar addressed a communication being letter No.B/2142/93, dated 12.9.1994, seeking necessary clarification with regard to cancellation of assignment and implementation of High Court orders dated 30.7.1987 in W.P.No.2911 of 1980. The RDO did not give any clarification, and therefore, present writ petition is filed. Though the matter was admitted by this Court on 04.7.2002, none of the respondents filed counter affidavit traversing petition averments and allegations. The matter was heard by this Court on 27.8.2009, 07.9.2009 and on 05.10.2009. On these occasions, learned Assistant Government Pleader for Revenue (Telangana Area) sought time. On instructions, it is submitted that RDO would pass necessary orders in the matter after receiving orders from the Director of Survey, Settlements and Land Records before whom the matter is still pending with regard to question whether the lands are patta lands or Government lands.

When the matter is again called today, learned Assistant Government Pleader has placed before this Court the proceedings of RDO bearing No.B/2665/2009, dated 16.9.2009, which is made part of the record. By the said proceedings, Tahsildar was directed to file a suit and to keep the assignment granted to beneficiaries is in abeyance till the matter is decided by the Director of Survey, Settlements and Land Records. The proceedings dated 16.9.2009 placed before this Court proceeds on the assumption that the matter referred to by the Board of Revenue is pending before the Director of Survey, Settlements and Land Records. To that effect, no material is placed before this Court. When this Court already issued directions in C.C.No.469 of 1995 dated 12.2.1999 setting aside PPBs/TDs and when the Court of Junior Civil Judge, Ibrahimpatnam, decreed the suit filed by petitioners being O.S.No.59 of 1994 on 31.12.2001, this Court fails to understand as to how the matter can be kept pending by respondents 1 and 2.

The order passed by this Court in W.P.No.2911 of 1980 has become final and in C.C. No.469 of 1995 this Court also recorded findings that it is not a Government land and accordingly cancelled PPBs/TDs. Therefore, this Court is of considered opinion that the orders passed by the RDO on 16.9.2009 without filing any counter before this Court are certainly required to be reconsidered. In the result, for the above reasons, this writ petition is disposed of directing respondents 1 and 2 to reconsider entire matter and pass appropriate orders keeping in view the judgment of this Court in W.P. No.2911 of 1980 dated 30.7.1987. This exercise may be completed within a period of four months from the date of receipt of a copy of this order. October 07, 2009 NOTE: Dispatch order copy in ten days. (By order) YS _______________

(V.V.S.RAO,J)