SANTHOSH VERMA Vs. JOINT COLLECTOR R R DISTRICT

JUDGEMENT

(1.) THIS matter is listed before us pursuant to the Order of Reference, dated 23.10.2008 made by a learned Single Judge in view of a conflict between two Division Bench decisions i.e., M.B. Ratnam v. Revenue Divisional Officer, R.R. District [1] 2003 (1) ALT 688 = 2003 (1) ALD 826 (D.B.) and K.R. Goud v. Bhavanarishi Co-op. House Building Society [2] 2003 (5) ALD 654 (D.B.) with regard to the maintainability of the Revision Petition against an order under Section 5-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'ROR Act').

(2.) FOR proper appreciation of the question that requires consideration by this Bench, it is necessary to notice the facts in brief.

(3.) IN the counter-affidavit filed by the 2nd respondent, while denying the plea that the 1st petitioner alienated the land in question to the petitioners 2 to 4 under an un-registered Agreement of Sale, dated 25.07.1980 and delivered possession, it is contended that the so called unregistered agreement had been fabricated for the purpose of the present case. It is further contended that in fact the land in question was a non-agricultural land and therefore the proceedings for validation of the transaction under Section 5-A of the ROR Act were not maintainable at all. It is also contended that the Joint Collector after perusing the material available on record and after hearing both the parties while recording a finding that it was a non- agricultural land had rightly set aside the validation order made under Section 5-A of the Act. While pointing out that whereas the alleged agreement of sale was executed on 25.7.1980, the petitioners sought for validation under Section 5-A only in the year 1989, it is also contended that there were no bona fides on the part of the petitioners.