IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.940 OF 2008 DATED: 15-04-2014 Between:
Kusampudi Sarada … Appellant And The Mandal Revenue Officer, Baptla, Guntur District and others ... Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.940 OF 2008 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the judgment and order of the learned trial Judge, whereby the prayer of the writ petition for quashing the order of the first respondent in Proceedings No.1084/2004/A dated 28-11-2005 was rejected.
2. The learned trial Judge while entertaining the writ petition observed as follows:
“In the instant case, the allegation is that the vendors of the petitioner manipulated the record by substituting their names in the Survey and Sub-Division record for the names of original assignees and sold the assigned land to the petitioner. If the land purchased by the petitioner is found to be an assigned land, sale of such land by whosoever attracts the prohibition contained in Section 3(1) and is liable for action under Section.4”
3. It appears that the learned trial Judge without making an endeavour on whether the record has been manipulated or not, found that the subject land is an assigned land. This dispute is a question of fact which cannot be dealt with in writ proceedings. Therefore, we set aside all the findings in the judgment and order of the learned trial Judge and accordingly dismiss the writ petition. It will be open to the writ petitioner/appellant to move appropriate proceedings before the competent forum to challenge the aforesaid order on the ground of manipulation of record, wherein the question of assignment will also be taken care of.
4. The writ appeal is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 15-04-2014 Svv