KHAJA BEE Vs. JOINT COLLECTOR NIZAMABAD

JUDGEMENT

(1.) THE petitioner assails the proceedings of the first respondent dated 20.12.2002 whereby and where under while cancelling pattadar pass books (PPBs) and mutation, the petitioner was directed to get the subject land registered in her favour and then obtain PPBs and title deed (TD).

(2.) THE brief fact of the matter is as follows. THE petitioner allegedly purchased the land admeasuring Acs.12.08 guntas comprised in S.Nos.47/1, 2 and 3 situated at Kamareddy village in Nizamabad District from one Mohd. Ibrahim. It is her case that the sale was under unregistered document. THErefore she filed an application under Section 5-A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (the RoR Act) and obtained regularization orders. Pursuant thereto, the Mandal Revenue Officer (MRO) also issued PPBs/TD besides making necessary changes of the mutation in the revenue records.

(3.) THE Counsel for the petitioner submits that the factum of the petitioner purchasing the property from Mohd. Ibrahim is admitted. THErefore the Joint Collector ought to have drawn a presumption in favour of the petitioner that the regularization proceedings were completed in accordance with law. According to him, the petitioner's name was mutated in the revenue records vide proceedings in File No. A4/128/96-II and if the file is not traceable in the office of the MRO, the petitioner cannot be faulted.