MUSKU MALLAIAH Vs. STATE OF A P

JUDGEMENT

(1.) The Constitutional validity of Rule 27(4) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 (for short 'the Rules') issued in G.O.Ms.No.570, Revenue-D.O.A. & R dated 8-6-1989 is challenged in this writ petition.

(2.) The facts, as stated by the petitioner, are that he is the owner and possessor of land admeasuring five guntas in Sy. No. 815 situated at Nookapally Village, Mallial Mandal, Karimnagar District. He filed a suit in O.S.No.274 of 1993 on the file of the learned District Munsif, Jagitial against one Chakunta Madhusudhan Rao and others for declaration of his title in respect of the said land. His claim is that he purchased the land for a valuable consideration of Rupees Ninety under an oral sale deed on 1 -1 -1980 and continued in possession and enjoyment of the land ever since the oral purchase and thus acquired title by adverse possession. The learned District Munsif, Jagitial passed a decree in the said suit dated 10-5-1993 based on the consent written statement filed by the defendants.

(3.) The petitioner having obtained the decree submitted an application before the 2nd respondent with a request to order the amendments in the entries made in the record of rights in accordance with the declaratory decree obtained by him. The 2nd respondent vide his proceedings dated 14-7-1993 directed the Mandal Revenue Officer to amend the entries in the record of rights as per Rules 27(4) and 9 of the Rules.