DISTRICT COLLECTOR R R DIST Vs. HARIKISHAN AGARWAL

JUDGEMENT

(1.) The question, which arises for consideration, in this writ appeal is as to whether a Pattedar Passbook and Record of Rights Passbook can be issued during the pendency of a proceeding under the Urban Land (Ceiling and Regulation) Act, 1976 (for short "1976 Act"). FACTS;

(2.) The facts of the matter, in brief, are that the respondent No.1 herein had purchased Ac. 7-00 and Ac. 11-00 of lands in Survey Nos. 54 and 56 respectively situated at Hafizpet village from respondents 5 to 7 and one Veeraiah under two registered sale deeds dated 6-4-1966 and 22-5-1967. Respondent No.7 filed a suit in O.S.No.579 of 1989 in the Court of I Additional Subordinate Judge, Rangareddy for partition and injunction. Respondent No.l herein impleaded himself as defendant No.5 in the said suit and the said suit was dismissed. Thereafter, respondent No.1 filed a suit in O.S.No.l of 1990 in the Court of District Munsif, West and South, Rangareddy for injunction against respondents 5 to 7 and the said suit was decreed on 8-12-1997. A pattedar pass book was issued to respondent No.l to the effect that the aforementioned lands were purchased by him and his name was recorded in the pahanies for the year 1989-90 pursuant to the mutation proceedings issued in 1982.

(3.) Respondent No.1 filed an application with respondent No.4 under Section 4 of the Andhra Pradesh Record of Rights in Lands and Pattedar Passbooks (Amendment) Act, 1989. After enquiry, an order on the said application was passed on 30-4-1992 by respondent No.4. An appeal preferred thereagainst was dismissed by respondent No.3 by an Order dated 8-9-1993. Against the said order, a revision was filed before the second respondent in the year 1996, which was also dismissed by an order dated 18-10-1997. On coming to know of issuance of Pattedar passbooks during the pendency of injunction suit before the Civil Court, respondent No.1 filed the writ petition praying for the following relief: