B.ARJUN Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) This Civil Revision Petition is filed against the Orders of the Additional Collector (Revenue), Medak vide Case No.F3/132/2021/1, dtd. 4/2/2023.

(2.) The case of the petitioner herein is that one Manikabai Rusthumjee W/o.Rusthumjee was the original owner and possessor of the agricultural land measuring an extent of Acs.19-26 gts in Sy.No.320 of Allapur Village, Toopran Mandal. As she had no issues, she took her sister's daughter namely Pochamma in adoption during the life time of her husband. The said Manikabai Rusthumjee died on 20/8/1993 and Pochamma also died prior to her leaving her son Arjun i.e., petitioner herein. Petitioner was residing with Manikabai Rusthumjee and was looking after her needs, as such she executed her last Will on 10/1/1989, registered in the Office of the Sub-Registrar, Gajwel, bequeathing her movable and immovable properties including the land measuring an extent of Acs.19-31 gts in Sy.No.320, situated at Allapur Village, in favour of the petitioner.

(3.) Petitioner herein stated that the subject land was a dry land, due to drought condition in those days, he was doing some other works for his livelihood. In the year 2009, when he approached the revenue authorities for mutation of his name in respect of the said land, he was informed that there was an appeal bearing No.9 of 2009, pending before the R.D.O, Siddipet Division, filed by one Khusru Rusthumjee Debera and he questioned the mutation proceedings in favour of Kanukunta Lingaiah, whose name was recorded in the revenue records by virtue of 50-B Certificate. Petitioner had filed implead petition in Appeal No.9 of 2009 and the same was allowed. In the appeal he stated that he succeeded to the said land through registered Will deed vide document No.1 of 1989 and the certificate under 50-B will not confer title in favour of Kanukunta Lingaiah and thus the subsequent proceedings arose out of 50-B certificate are illegal. The R.D.O, Siddipet, remanded the matter to the Tahsildar, Toopran vide Order dtd. 1/2/2016, for enquiry on the genuineness of the 50-B certificate. The office of the Tahsildar, Toopran, issued endorsement CC.No.D/392/1998, dtd. 27/6/1998 stating that the file No.A/459/1985 was not available in the record room and a copy of the same was filed before the Court.