M BHOOPAL REDDY Vs. COLLECTOR

JUDGEMENT

(1.) The five petitioners are seeking a Writ of Certiorari to call for the records pertaining to the order passed by the third respondent-Mandal Revenue Officer, Kandukur Revenue Mandal, Rangareddy District on 10-11-88 in proceedings No. B/2703/88 and quash the same.

(2.) Respondents 4 to 6 were assigned each an extent of 5 acres of land by the Government in 1971 in S. Nos. 38/3, 38/4 and 38/5 respectively of Timmapur village, Ibrahimpatnam Taluq and D-form pattas were also issued in their favour. The petitioners herein are the residents of Yeliminedu village. The first petitioner is the father of petitioners 2 to 4. They own lands in the villages of Yeliminedu, Timmapur and Ibrahimpatnam. The extent of land owned by them in Ibrahimpatnam was 9 acres in S. No. 341. The distance between Timmapur and Ibrahimpatnam is 13 K. Ms. The petitioners claim that the respondents 4 to 6 are residents of Ibrahimpatnam and finding it very difficult to travel the distance of 10 K.Ms from Ibrahimpatnam to Timmapur to cultivate their, assigned lands, a proposal was made by them to the petitioners for exchange of Timmapur land with the Ibrahimpatnam land covered by S. No. 341. The petitioners also claim that the land in Ibrahimpatnam covered by S. No. 341 is, "more fertile and milch more costly than the land of the respondents in Timmapur village." In order to avoid the difficulty of daily travelling 10 K. Ms., the petitioners claim that they agreed for the exchange of land.

(3.) Respondents 4 to 6 filed O.S. 10/85 in the court of the District Munsif, Ibrahimpatnam against the petitioners herein contending that they exchanged their land in Timmapur with the land in Ibrahimpatnam, they were paying land revenue for over the statutory period of 12 years and perfected their title by adverse possession and, therefore, they prayed for rectification of records of rights and for a consequential perpetual injunction. Petitioners 2 to 4 laid another suit O.S. 100/85 in the court of the same District Munsif claiming that they are in enjoyment of the lands covered by S. No. 38/3, 38/4 and 38/5 aggregating 15 acres at Timmapur village for over the statutory period of 12 years and that they became pattefars of the land and they prayed for a declaration for courection of records of rights. Both the suits were decreed.