A SARVAIAH Vs. JOINT COLLECTOR

JUDGEMENT

(1.) C.R.P. No. 1322 of 1989 is filed against the order of the Joint Collector, Rangareddy District in No. B4/5359/88 dated 27-12-1988 by which the Joint Collector allowed the appeal filed by Respondents 3 to 11 in the revision petition in part. CRP No. 1323 of 1989 is filed against the order of the Revenue Divisional Officer, Chevella Division, Rangareddy District in Proceedings No. G/3074/88 dated 27-10-1988 correcting the Survey No. 121 of an extent of Ac. 2-39 cents of Vottinagulapalli village contained in the tenancy certificate issued under Section 38-E of the A.P. (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (hereinafter called 'the Act') in favour of the father of the petitioners as Serial Number 111 purporting to exercise the power under Rules 3 and 4 of Andhra Pradesh Tenancy Records (Correction) Rules, 1956. As the subject matter that is involved in these two revision petitions and the parties are also the same, it is covenient to dispose of the same by a common order.

(2.) The brief facts of the case are: The grand-father of the petitioners was in possession and enjoyment of an extent of Ac. 2-39 guntas of land in S.No. 121 situated at Vattinagulupalli village as a tenant. After his death, the father of the petitioners, Laxmaiah was in possession and enjoyment as a tenant by paying the land revenue. After the death of the said Laxmaiah the two petitioners became the protected tenants by virtue of the Notification issued by the Government of Andhra Pradesh in G.O. Ms. No. 3 (Revenue) dated 1st January, 1973 under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950. After due enquiry, the ownership of the said land i.e., S.No. 121 stood transferred to Laksbmaiah by the Additional Revenue Divisional Officer (Land Reforms) Hyderabad West by his order dated 10-6-1975. In those proceedings Respondents 3 to 10 and their predecessors, even though they have received notices, have not filed any objections. The consequential list of protected tenants, by including the name of Laxmaiah, the petitioner's father, was also published. The petitioner's father died in the year 1977 and after his death, they filed an application to bring them as Legal Representatives of Laxmaiah on record and the Tahsildar, Hyderabad West Taluq by a Memo dated. April, 1977 ordered for delivery of possession.

(3.) While the matters stood thus, one R. Malla Reddy, the father of Respondent No. 3 and respondents 4 to 10 filed an appeal purporting to be under Sec. 90(1) of the Act against 22 protected tenants challenging the order dated 10-6-1975 granting the Certificate under Section 38-E of the Act before the District Revenue Officer, Hyderabad. The father of the petitioners was shown as Respondent No. 6 in the appeal and the appeal was dismissed in the year 1982. Thus the certificate issued under Section 38-E of the Act has become final. It is alleged by the petitioners that Respondents 3 to 10 have hatched a plan and in order to deprive the petitioners of the land in S. No. 121 measuring about Ac. 2-39 guntas sold the property under a registered sale deed dated 4-11-1985 along with,S. No. 120 admeasuring Ac. 2-01 gunta in favour of the 11th Respondent in the revision petitions. It is the contention of the petitioners that the said transaction is ab initio void. After the execution of the said sale deed, Respondents 3 to 11 initiated proceedings in No. G/3074/88 purporting to be under Notification No. 129-A3-1047-55-56 dated 4-2-1956 under the A.P. (Telangana Area) Tenancy Records (Correction) Rules, 1956 before the Revenue Divisional Officer, Chevella Division, Ranga Reddy District, seeking correction of entry in tenancy records in respect of S. No. 121 of an extent of Ac. 2-39 guntas with reference to which Sec. 38-E certificate was issued, alleging that it was a mistake and the actual S.N. is 111 and not S.N. 121. The Revenue Divisional Officer, relying on the statement of pattadars passed an order on 27-10-1988 directing the issuance of a revised certificate under Section 38-E of the Act incorporating S.No. 111 in lieu of S. No. 121. The petitioners came to know about that order on 5-12-1988 and obtained copy on 8-12-1988. The Respondents 3 ot 11 also filed an appeal under Section 90 of A.P. Telangana Area Tenancy Agricultural Lands Act, 1950 challenging the order of the Additional Revenue Divisional Officer (L.R.) Hyderabad West dated 10-6-1975, on 20-5-1988, after a lapse of 13 years, alleging that they came to know of the order on 13-5-1988 only. The Joint Collector, relying upon the order of the Revenue Divisional Officer, dt. 27-10-1988 allowed the appeal in part holding that the relief was already granted to Respondents 3 to 11 and directed issue of the revised tenancy certificate under Section 38-E of the Act incorporating Serial Number 111 in lieu of Serial Number 121 in their favour.