V KRISHNAIAH Vs. JOINT COLLECTOR

JUDGEMENT

(1.) The petitioners are the sons of late Venkatanna of Jinnaram Village, Narva Mandal, Mahaboobnagar District. Venkatanna was the owner of Ac. 15.35 gts., of land in Sy.No.96 of that village. On his death, the petitioners herein filed an application dated 8-1-1989 under the provisions of the A.P, Rights in Land and Pattadar Passbook Act, 1971 (for short 'the Act'), and the Rules made thereunder, before the Mandal Revenue Officer, Narva, the 3rd respondent, for grant of succession. After conducting due enquiry, the 3rd respondent sanctioned succession in favour of the petitioners, through his order dated 20-4-1989.

(2.) Respondents 4 and 5 filed an application on 30-6-1989 before the 3rd respondent under Section 5-A of the Act read with Rule 22, for regularization of the sale in their favour, in respect of the very land in Sy.No.96. According to them, their ancestor by name, Vakiti Ramanna, purchased the property through an unregistered sale deed dated 18-5-1959, for a consideration of Rs. 1,500/- from Venkanna, and that in the family partition, it has fallen to their share. They prayed for regularization of the sale in their favour.

(3.) The 3rd respondent issued proceedings dated 22-5-1995, regularizing the sale in favour of respondents 4 and 5 and directing necessary amendments of entries in the revenue records. Aggrieved thereby, the petitioners filed an appeal under Section 5-B of the Act, before the Revenue Divisional Officer, the 2nd respondent. The appeal was allowed on 21-12-1996. Thereupon, the respondents 4 and 5 filed a revision before the Joint Collector, the 1st respondent, under Section 9 of the Act. The 1st respondent allowed the revision and had sustained the order passed by the 3rd respondent, regularizing the sale in favour of the respondents 4 and 5. Hence, this writ petition.