BHAGWAN PRASAD Vs. ADDL. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) This writ petition has been filed in the nature of writ of certiorari calling for the records of respondent No.2 pertaining to his order dtd. 10/1/2006 under File No.F2/5201/2002 and quash the same and to consequently set aside the Occupancy Certificates issued in favour of respondent Nos.3 to 12 pertaining to an extent of Ac.45-24 gts., in Sy.Nos.10, 11, 15, 16, 17, 257, 262, 263 and 264 of Keesara Daira Village, Keesara Mandal, Ranga Reddy District (for short 'subject land' hereinafter).

(2.) Petitioner Nos.1 and 2 are brothers and claims that their father Sri Manohar Prasad was original owner of the subject property. Petitioners' father died in the year 1947 leaving behind petitioners' mother Smt.Tara Bai who was the eldest member of their family and she came into possession and enjoyment of the said land and the Revenue Records were also mutated in her name showing her as the pattadar. Petitioners' mother also died on 26/11/1992. Thereafter petitioners filed an application before the Mandal Revenue Officer, Keesara Mandal for grant of an order of succession and the then M.R.O., Keesara Mandal, vide file No.B/366/96, dtd. 25/3/1996, issued proceedings declaring the petitioners as the successors for the estate of the Late Smt.Tara Bai and further directed the concerned Revenue Authority to incorporate their names in the revenue records to an extent of Ac.26-09 guntas only covered in Sy.Nos.39, 156, 257, 158, 160, 262 and 264 of Keesara Daira Village and did not order for the mutation of the remaining extent of land held by the petitioners without assigning any reasons. It is further submitted that one Patwari Shri.Suresh Prasad Tiwari of Keesara Daira Village made some manipulations in the revenue records of the said village and further managed issuance of Ownership Certificates, under Sec. 38-E of Andhra Pradesh [Telangana Area] Tenancy and Agricultural Lands Act, 1950, in favour of the respondent Nos.3 to 12. It is further submitted that petitioners came to know about such issuance of Ownership Certificates in favour of respondent Nos.3 to 12, only during the first week of March 2002.

(3.) It is submitted that during the month of July, 1975 Ownership Certificates were issued to respondent Nos.3 to 12 though petitioners' mother name is appearing in all the revenue records as pattadar and possessor. It is their further case that the M.R.O., Keesara Mandal without issuing any notice to the petitioners' mother had issued ownership certificate and such certificates were issued without any enquiry and without any proceedings. Subsequently, petitioners made application before respondent No.1 on 8/3/2002 requesting to issue certified copies of the said certificates and the proceedings that preceded such certificates. On 5/7/2002, respondent No.1 issued certified copies of the said ownership certificates which were said to have been issued in favour of respondent Nos.3 to 12. The petitioners thereafter filed an appeal F2/5201/2002 before the Joint Collector - II, Ranga Reddy District challenging issuance of the said ownership certificates in favour of respondent Nos.3 to 12. Respondent No.2 has issued impugned proceedings dtd. 10/1/2006 dismissing the appeal filed by the petitioners on the ground that the said appeal was barred by limitation. It is further submitted that respondent No.2 did not hear the contentions of the petitioners before issuing such ownership certificates. Questioning the same, the present writ petition is filed.