ANDE GANGAIAH Vs. M KRISHNA REDDY

JUDGEMENT

(1.) This appeal is at the instance of the respondents 4 and 5 in the writ petition aggrieved by the Judgment and orders passed in W.P.No.25692 of 2001 along with a revision in C.R.P.No.52 of 2002 dated 5th September, 2002 by the learned Single Judge allowing the writ petition filed at the instance of the respondents 1 to 3 herein.

(2.) The brief set of events, which led to the present proceedings are, that initially one Sri Syed Mohammed was the absolute owner of the agricultural land which is dry admeasuring to an extent of Ac.9-39 gts in Sy.Nos.95, 96, 97, 98 and 99 situate at Medpally village, Ghatkesar Mandal, Ranga Reddy District. He sold the said land to one Sri Prabhudas and his wife Smt. Kamalamma under a registered sale deed dated 15-4-1965. However, the mutation was not effected in their names in the revenue records except to the extent that the possession column recorded their names. Meanwhile, one Ande Gangaiah and Ande Pentaiah got their names entered in the revenue records as pattedars and possessors without right, title or interest of whatsoever nature. As per the writ petitioners, subsequent to the death of Sri Prabhudas and his wife Smt. Kamalamma their son S. David succeeding to the said property sought to alienate the same, hence, he sought for the pattedar passbooks from the revenue authorities. However, on an enquiry, having found that the names of Ande Gangaiah and Ande Pentaiah were shown as pattedars and possessors in the record, he filed an application before the Mandal Revenue Officer, Ghatkesar, Ranga Reddy seeking for correction of entries in the revenue records so as to effect his name and delete the said names of Ande pentaiah and Ande Gangaiah. Accordingly, he sought for issuance of pattedar pass books under the provisions of A.P. Rights in Land and Pattedar Pass Books Act, 1971. It is stated that after holding an enquiry, the said Mandal Revenue Officer by order dated 24-6-2000 directed deletion of those two names and substituted with that of Sri S.David. Accordingly, the said Mr. David sold the said land under four different registered sale deeds to Mr. M. Krishna Reddy and two others i.e, the writ petitioners. Therefore, these purchasers once again approached the Mandal Revenue Officer, Ghatkesar mandal for the purpose of deletion of the name of the vendor and to incorporate their names. Accordingly, the said Mandal Revenue Officer as per the order dated 1-2-2001 directed the deletion of the name of the vendor and incorporated with that of the said purchasers in the pahani for the year 2000-2001 onwards and issued pattedar pass books and other title deeds. Thereupon, the said Ande Gangaiah and Ande Pentaiah filed the appeal before the Revenue Divisional Officer against the said order, and it was dismissed as per the orders dated 3-5-2001. Aggrieved thereby, the said persons approached the Joint Collector, Ranga Reddy district by way of a revision, who by an order dated 3-12-2001 allowed the revision and set aside the orders and directed restoration of the names of those two persons viz., Ande Gangaiah and Ande Pentaiah in the record. These proceedings of the Joint Collector dated 3-12-2001 are assailed in the present writ petition.

(3.) The said purchasers have also filed a revision CRP.No.52 of 2002 and the same was taken up -together with the writ petition and disposed of.