R SIVA RAMAKRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner purchased an extent of Ac.1.23 cents of land, comprising different sub-divisions of Survey No.20 of Koppaka Village, Anakapalli Mandal, Visakhapatnam District through a sale deed, dated 28.03.2007, from Smt.Kandregula Kanayamma, respondent No.7 herein, and her children. It is stated that Ac.0.60 cents of that land was purchased by Kanayamma through sale deeds of the years 1968 and 1972 with her stridhana property, and the balance of Ac.0.63 cents, which was purchased by her husband, Sri K.Pothuraju, has devolved upon her and her children on the death of Pothuraju. The petitioner was issued pattadar pass book and title deed and his name was also entered in the revenue records. Sri Sakala Venkata Ramana, respondent No.6 herein, raised a plea that the land in question was attached by the Government for recovery of arrears, the same was brought to sale on 10.03.2000, that he emerged as the highest bidder therein, and that the same was confirmed in his favour. On noticing this, the petitioner filed O.S.No.16 of 2011 in the Court of the Principal District & Sessions Judge, Visakhapatnam for declaration of his title over the land and for consequential reliefs.

(2.) The District Collector, Visakhapatnam, respondent No.2 herein, came to know about the issuance of pattadar pass book and title deed in favour of the petitioner in respect of the land attached by the Revenue Department and accordingly, instructed the Tahsildar, Anakapalli, respondent No.5 herein, to apprise the appellate authority under Section 5 (5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act'). Thus, an appeal came to be filed/taken up by the Revenue Divisional Officer, Visakhapatnam, respondent No.4 herein. Notice was issued to the petitioner and after considering the matter in detail, respondent No.4 passed an order on 12.11.2009, directing cancellation of the entries recorded in favour of the petitioner and the pattadar pass book and the title deed issued in his favour in respect of the land referred to above. R.P.No.9 of 2009 filed by the petitioner under Section 9 of the Act before the Joint Collector, Visakhapatnam, respondent No.3 herein, was dismissed on 21.04.2012. Hence, this writ petition.

(3.) Sri G.Manohar, learned counsel for the petitioner, submits that the very institution of appeal before respondent No.4 was untenable, since no aggrieved party, much less, respondent No.6, has filed any Memorandum of Appeal. He further submits that the so-called sale made in favour of respondent No.6 is void ab initio, since the balance of consideration was not paid in the year 2000 within the stipulated time and that it was only in the year 2009, that the sale was affected in favour of respondent No.6. He contends that once a suit is pending in respect of the land for declaration of title, respondent Nos.3 and 4 ought to have desisted from disturbing the present state of affairs in the revenue records.