GOVERNMENT OF ANDHRA PRADESH Vs. V TULSIRAM

JUDGEMENT

(1.) The substantial question that arises in this appeal for our consideration and decision is whether the subject land could constitute 'jagir' within the meaning of that term as defined in clause (f) of Section 2 of the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358-Fasli, for short 'the Regulation'. According to the Government of Andhra Pradesh and its authorities who are the appellants and the impleaded respondent Nos.7 to 104, the subject lands constitute a 'jagir' within the meaning of that term and, therefore, it vested in the State Government whereas according to the contesting respondents who are the writ petitioners, the Regulation has no application to the subject lands by virtue of the provisions of Section 18 of the Regulation. In other words, according to the contesting respondents, the subject lands are the patta lands of the vendors of the petitioners' vendees.

(2.) According to the writ petitioners, originally Sultanpalli village of Shamshabad Mandal, Ranga Reddy District was a 'jagir' village of one Sri Syed Shabuddin Hussain, Syed Karar Hyder Hussain were the 'Jagirdars' and those 'Jagirdars' apart from 'jagir' held private properties also which were subsequently given Sy.Nos.122 to 126, 143 to 150, 152-A, 152-B, 153 and 154. After the merger of the 'jagir' held by the 'Jagirdars' with the revenue administration of the State Government by virtue of the provisions of Section 5 of the Regulation, the private lands held by the 'Jagirdars' were shown as patta lands of the jagiidar in the Government revenue records. Out of the said patta lands, the lands comprised in Sy.Nos.152, 153 and 154 admeasuring 43 acres were held by protected tenants and they were granted occupancy certificates conferring rights of ownership under Section 38E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Act, 1950, for short the Tenancy Act'.

(3.) When the matter stood thus, the aforementioned 'Jagirdars' sold their patta lands to the petitioners under various registered instruments and after the sales, they have been in actual possession and enjoyment of the subject lands. When the matter stood thus, the Government of Andhra Pradesh, Revenue Department issued a Memo No.4111/Asn.III(3)/87-21, dated 21.6.1993. It reads as follows: "Government of Andhra Pradesh Revenue Department Memo No.4111/Asn. 111(3)87-21 dated 21.6.1993 Sub :Land - RR District - Report of the House Committee to enquire into the transfer of Jagir lands - Shamshabad Mandal - W.P.No. 14237 of 1989, challenging the report of the House Committee -Withdrawal of W.P. - Certain representation - Further course of Action - Reg. Ref :1. From the Collector, R.R.District, Lr.No.B3/l3175/87, dated 19.12.1987. 2. Govt. D.O.Lr.No.4111/Q3/87, dated 7.3.1988. 3. From the Collector, RR District, Lr.No.b3/ 13174/87, dated 14.3.1988