B. KISTAIAH Vs. JOINT COLLECTORII

JUDGEMENT

(1.) The present Civil Revision Petition is filed, under Section 91 of the Andhra Pradesh (TA) Tenancy and Agricultural Lands Act, 1950 (for short "the Act"), aggrieved by the order, dated 29.07.2006, passed in Case No.F2/542/2006, by the 1st respondent-Joint Collector-II, Ranga Reddy District, wherein and whereunder an appeal filed by respondents 3 and 4 herein, under Section 90 of the Act, was allowed and the order dated 16.01.2006 passed by the 2nd respondent-Mandal Revenue Officer, Quthbullapur, in Case No.A/8955/2005, was set aside.

(2.) The facts, in brief, are as under:

(3.) It is further stated that the survival sons along with others i.e., the petitioners herein filed a petition under Sections 40 and 32 of the Act before the 2nd respondent for grant of succession and possession in respect of land admeasuring Ac.20.28 guntas in Sy.Nos.41, 42 and 43, situated at Jeedimetla Village, Qutubullapur Mandal, Ranga Reddy District. After conducting due enquiry, the 2nd respondent dismissed the said petition in File No.A/4108/1992, dated 14.09.1995 holding that the petitioners herein have not filed any documentary evidence to substantiate their claim that they are the successors of late Neerudi Pochiga. Aggrieved by the said orders, the petitioners herein filed an appeal No.F2/3143/1996, before the Joint Collector, Ranga Reddy District and that by an order, dated 03.05.2005, the Joint Collector allowed the appeal by remanding back the matter for de novo enquiry. After remand, the 2nd respondent without any documentary or oral evidence allowed the application filed by the petitioners herein by an order dated 16.01.2006. Aggrieved by the same, the respondents 3 and 4 herein, preferred W.P.No.1234 of 2006 before this Court. On 25.01.2006, this Court, while disposing of the said writ petition, issued a direction to the respondents 3 and 4 herein to approach the Joint Collector by filing an appeal against the order of the 2nd respondent and as such the respondents 3 and 4 herein filed an appeal under Section 90 of the Act before the 1st respondent- Joint Collector-II, Ranga Reddy District, to set aside the orders passed by the 2nd respondent in File No.A/8955/2005, dated 16.01.2006. By an order, dated 29.07.2006, the 1st respondent-Joint Collector-II, Ranga Reddy District, allowed the appeal. Challenging the same, present Civil Revision Petition has been filed.