VELLANKI VENKATA SUBRAHMANYAM Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking writ of mandamus declaring the proceeding in Rc.No.979/2012/A, dated 18.09.2012 issued by the 2nd respondent cancelling the Pattadar passbooks Mo.E635861 (Correct No.638561) relating to the property to an extent of Acs.6.79 cents in Sy.No.279/1A of Nallajerla village and Mandal, West Godavari District of the petitioner as illegal, arbitrary and without jurisdiction and contrary to the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for brevity 'the Act of 1971') and consequently direct the respondents 2 and 3 not to take any steps to make entries in Revenue Records including Passbooks of the petitioner.

(2.) It is the case of the petitioner that he has been in peaceful possession and enjoyment of the property of an extent of Acs.6.79 cents in R.s.No.279/1A of Nallajerla Village and Mandal of West Godavari District, having obtained the same under Will dated 11.01.1992 executed in favour of his father by Vellanki Kondala Rao, who was original owner of the said property. Said Vellanki Kondala Rao also executed the Will bequeathing an extent of Acs.4.35 Cts in R.S.No.445/3 and 4 of Nallajerla village in favour of his wife Lakshmi Kanthamma i.e., 4th respondent herein with absolute rights. After the death of the father of the petitioner on 24.02.2005, he became the absolute owner and possessor of the property to an extent of Acs.6.79 cents in R.s.No.279/1A of Nallajerla village as per the Will dated 11.01.1992. He approached the revenue authorities for mutating his name in the revenue records with the necessary documents. The 3rd respondent, after due verification of the revenue records, had issued pattadar pass book and title deed in favour of the petitioner on 06.04.2005 under Book No.E638561 under A.P.Rights in Land and Pattadar Pass Books Act, 1971, which was signed by the Revenue Divisional Officer, Eluru. While so, the 2nd respondent issued notice dated 21.08.2012 to the petitioner calling upon him to produce the record relating to the said land stating that a complaint has been received from the 4th respondent. Petitioner submitted detailed reply on 29.08.2012 by enclosing all the relevant documents, but the enquiry was postponed. The petitioner has questioned the very jurisdiction of the 2nd respondent. It was also brought to the notice of the 2nd respondent that interim injunction was obtained in a suit OS No.230/2012 filed by the petitioner on the file of the Principal Junior Civil Judge, Tadepalligudem, West Godavari District restraining the 4th respondent and others. The 2nd respondent without reference to the reply issued by the petitioner to the notice and also the legal notice dated 15.09.2012, passed the impugned order dated 18.09.2012 cancelling the pattadar passbook issued in favour of the petitioner. Aggrieved by the same, the present writ petition is filed.

(3.) Counter affidavit is filed by the 3rd respondent-Tahsildar, Nallajerla Mandal, denying the averments in the affidavit filed in support of the writ petition stating that the 4th respondent filed complaint dated 30.07.2012 before the 1st and 2nd respondents stating that she is having an extent of Acs 6.79 cents in R.s.No.279/1A, Ac.1.51 cts in R.S.No.448/3 and Acs.2.13 cts in R.S.No.448/4 total admeasuring Acs.10.43 cents at Nallajerla village and Mandal through her late husband as an ancestral property. However, pattadar pass book and title deeds were issued to her only for an extent of Acs.6.79 cents by the then M.R.O and R.D.O during the year 1993 with Patta No.660. That the petitioner, who is son-in-law of her brother in law, cheated her and got recorded the land in dispute in his favour, by misleading the officials and finally requested to change the revenue records in her favour. Upon enquiry by the 2nd respondent, it is revealed that the 4th respondent has acquired the land for an extent of Acs.10.43 cents of Nallajerla village and Mandal through her husband as an ancestral property and pattadar passbook and title was issued in her favour to an extent of Acs.6.79 cents out of Acs.10.43 cents by the then RDO and M.R.O, Eluru during the year 1993 with patta No.660. The 4th respondent had gifted 0.03 cents out of Acs.6.79 cents to Smt. Gangabhavani Joint Borewell Association, Nallajerla through a registered gift deed in document No. 854/1994 dated 02.06.1994. When the 4th respondent proposed to sell the remaining land to others, the petitioner objected for the same. Thereafter, the 4th respondent filed complaint petition before the 1st and 2nd respondents on 30.07.2012 and subsequently sold land to prospective purchasers on 16.08.2012. When the 2nd respondent issued notice to both parties i.e., petitioner and 4th respondent in Roc.No.2979/2012 dated 21.08.2012, petitioner attended enquiry and produced a Xerox copy of unregistered will dated 11.01.1992 and pattadar passbook issued in his favour and promised to submit the original record on 15.09.2012. However, petitioner has not attended enquiry on the said date. The Village Revenue Officer, Nallajerla deposed that as per the ROR-1B Register, the 4th respondent was issued pattadar passbook in respect of the land in dispute with patta No.660 and thereafter again issued Pattadar Passbook to the same land with patta No.1058 in favour of the petitioner, without cancelling the previous pattadar passbook which was issued in favour of the 4th respondent. Though petitioner was asked to produce the original Will, the petitioner had not produced the same and that the signatures of Sri Vellanki Kondala Rao i.e., the husband of the 4th respondent are also not tallying in the alleged unregistered Will produced by the petitioner with that of the original signature. After enquiry, it is proved that the 4th respondent is rightful owner of the land in question and basing on the same, the 2nd respondent passed an order cancelling the entries recorded in 1B register in favour of the petitioner regarding the lands in question for an extent of Acs.6.79 cents in R.s.No.279/1A of Nallajerla Village and Mandal and directed the 3rd respondent to delete the entry from the 1B Register in proceedings Roc.No.979/2012(A), dated 18.09.2012. It is stated that as per Rule 13(2) of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989, the 2nd respondent is competent to "suo motu' test, revise the entries in the concerned record of rights and also to entertain the complaint as appeal. Hence, sought for dismissal of the writ petition.