BOMMAKU NARSINGA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) THE writ petition is filed questioning the order dated 23.08.2014 passed by the 2 nd respondent under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short, 'the ROR Act'), setting aside the order dated 20.01.2012 passed by the appellate authority confirming the orders of the Revenue Divisional Officer passed under Section 5(3) of the ROR Act.

(2.) THE writ petition has both undisputed and disputed facts. For the purpose of clarity, it would be convenient to refer to the facts as recorded by the authorities as undisputed and disputed.

(3.) UNDISPUTED facts: Both the petitioners as well as the respondents 5 to 7 are lineal descendants of one Bommaku Lachaiah @ Laxmaiah. Bommaku Laxmaiah had two sons by name Balaiah and Narsaiah. Bommaku Laxmaiah's family had vast extents of lands, both Inam and Patta lands, recorded in the revenue records in the names of Bommaku Laxmaiah, Balaiah and Narsaiah. Bommaku Balaiah has five sons, namely Yadaiah, Gangaiah, Rajaiah @ Rajalingam, B. Pochaiah and B. Chittari. Respondent No.5 is the son of Gangaiah and respondents 6 and 7 are the legal heirs of Bommaku Anjaiah who is the son of Rajalingam. Likewise, Narsaiah has three sons by name Ramaiah, Narsimha and Shankaraiah. Through a Registered Partition Deed bearing No.245/1960 dated 07.09.1960, Bommaku Laxmaiah's family partitioned their agricultural lands, thereby severing the relationship of joint family. Pursuant to the partition, the parties took possession of their respective shares and necessary entries in the revenue records were also got effected. So far as relevant to the dispute in the present writ petition is concerned, an extent of Ac.14 -17 guntas in Survey No.201 came to the share of the family of the sons of Narsaiah, namely, Bommaku Ramaiah, Narsimha and Shankaraiah. The petitioners are sons of Bommaku Shankaraiah. In the revenue records, the names of Ramaiah, Narsimha and Shankaraiah were recorded as pattadars in Survey No.201 in the entire extent of Ac.14 - 17 guntas from 1960 onwards. Though Ac.14 -17 guntas fell to the shares of Ramaiah, Narsimha and Shankaraiah in entire of proceedings before the lower authorities, there is no claim made by Ramaiah and Narsimha or any of their legal heirs with respect to Ac.4 - 32 guntas in Survey No.201, which is the subject matter of the writ petition. Petitioners belong to the family tree of Narsaiah and the respondents belong to the family tree of Balaiah.