K GNASESHWAR Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed questioning the proceedings No.Dl/8670/93 dated 30.1.1995 issued by the District Revenue Officer, Ranga Reddy District (4th respondent) ordering rectification of an alleged survey error that took place in respect of Acs.28-18gts in S.Nos.119 and 122 (old) corresponding to S.No.27 (New) of Khajaguda Village in Serilingampally Mandal on an application filed by Salabathkhan and others under Section 87 of the A.P. (Telangana Area) Land Revenue Act, 1317 F (the Act).

(2.) The case of the petitioner is that he and 23 others are in possession and enjoyment of Acs.27-18gts of agricultural land in S.No.27 (New) corresponding to S.Nos.119 and 122 (old) of Khajaguda Village and when the partners of M/s. Shalivahana Builders, Mahendra Hills, Secunderabad, interfered with their possession and enjoyment of the said land, they filed O.S.No.17 of 1999 in the Court of the Principal Junior Civil Judge, Saroornagar, Rangareddy District, against M/s. Shalivahana Builders represented by its partner, M. Komaraiah, and filed I.A.No.85 of 1999 therein seeking an injunction restraining the defendants in that suit and their men from interfering with their possession over the said land during the pendency of the suit, and that the Court, by its order dated 15-7-1999 granted an injunction in their favour, and that M/s. Shalivahana Builders preferred C.M.A. No.60 of 1999 against that order to Court of the II Additional District Judge, Rangareddy District, and that in the meanwhile, Respondents 6 to 10 herein filed O.S.No.587 of 1999 on the file of the Court of the II Additional Senior Civil Judge, Rangareddy District, alleging, inter alia, that he and the other plaintiffs in the aforesaid O.S.No.17 of 1999 under the guise of the orders of injunction granted in I.A.No.85 of 1999 started interfering with their possession and enjoyment over Ac.27-10gts in S.No.27/2 of Khajaguda Village and filed I.A.No.1668 of 1999 in that suit seeking an injunction during the pendency of the suit restraining them from interfering with their possession over that property and that the Court passed an order of injunction against them on 18.1.2000 and aggrieved thereby they preferred C.M.A. to this Court and that Respondents 6 to 10, under the guise of the temporary injunction granted in I.A.No.1668 of 2000, started interfering with their possession and enjoyment of the land in S.No.27/1. It is their contention that from the plaint in O.S.No.587 of 1999, filed by Respondents 6 to 10, they came to know that they are claiming right to Acs.27-10gts in S.No.27/2 of Khajaguda Village on the basis of the order of the 4th respondent dated 30-1-1995 impugned in this petition, alleging that they acquired title to the said land by purchasing it from Respondents 11 to 20, who are the successors of Salabath Khan and others, the petitioners before the 4th respondent. They are questioning the order of the 4th respondent mainly on the ground that he has no jurisdiction to pass the order under Section 87 of the Act.

(3.) From the order of the 4th respondent dated 30.1.1995 impugned in this petition, it is seen that the case of the applicants before him is that during re-survey that took place in 1949 private patta land in S.Nos.119 and 122 of Khajaguda Village measuring Acs.7-36gts and Acs.l9-22gts respectively were assigned S.No.27 (New) and is described as Government land and, so that entry, that land is Government land, has to be deleted, and their names and the names of the other heirs of Yaseen Khan and his brother have to be entered as pattedars of that land. Initially, when Yakoob Khan, father of Respondents 11 to 20, filed a petition before the Collector (Land Records) seeking correction of the said entry, he was informed, through Memo dated 17-6-1969, that his case does not fall under Section 87 of the Act and has to be settled by the Revenue Authorities and so he approached the Tahsildar, Hyderabad West, who through Memo No.B-1/2502/79 dated 21-4-1979 directed him to approach the Assistant Director (Survey and Land Records) under Section 87 of the Act. Therefore, he again filed a petition under Section 87 of the Act before the Collector, Rangareddy District. Since the Collector did not pass orders on his petition, he filed W.P.No.13862 of 1984, which was disposed of with a direction to the Collector to hear and dispose of the claim of the applicant. Thereafter, the Joint Collector who heard the case, dismissed it by his order dated 10-4-1989 in File No.GS/1279/80, on the ground that the original Assignee late Yaseen Khan and his brother were not in possession and enjoyment of the land and also because there is no evidence to show that he is the direct heir to the estate of Yaseen Khan. Aggrieved thereby, the applicant, Ayoob Khan preferred an appeal to the Commissioner (Survey, Settlement and Land Records), Hyderabad, who while allowing the appeal and setting aside the order dated 10.4.1989 of the Joint Collector, Rangareddy District, remitted the case to the Collector, Rangareddy District, for expeditious disposal. In pursuance of that order of the Commissioner (Survey, Settlement and Land Records), Hyderabad, 4th respondent heard the case and passed the order impugned in this petition.