HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.772 of 2013 Date:23.01.2014 Between:
R.Varadaiah, S/o Ramaswamy Reddy . Petitioner And:
The Joint Collector and Additional District Magistrate, Chittoor and three others.
. Respondents Counsel for the Petitioner: Sri V.Sudhakar Reddy Counsel for Respondent Nos.1 to 3: AGP for Revenue Counsel for Respondent No.4: Sri T.C.D.Sekhar The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside proceedings in D.Dis.No.D4/6704/2011, dated 21.11.2012, of respondent No.1, confirming the proceedings in D.Dis.No.H/1889/2010, dated 18.06.2011, of respondent No.2.
The dispute pertains to the entries in the record of rights and issue of pattadar passbooks and title deeds in respect of the land admeasuring Acs.3.00 in Survey No.329-6 of Chilamathuru Village, Varadaiahpalem Mandal, Chittoor District (for short ‘the subject property’). The petitioner claims his right under the registered sale deed, dated 11.03.1986, stated to have been executed by one Neeli Chengalrayan Chetty, S/o Chengaiah Chetty, who was admittedly the owner of the subject property. Respondent No.4 has claimed acquisition of right over the subject property under a sale deed executed by the subsequent purchasers, who traced their title through the registered sale deed, dated 28.05.1990, allegedly executed in favour of one Smt M.Jyothi, W/o Molakala Venkataiah by one Neeli Subbamma, one of the daughters-in-law of Chengalrayan Chetty, and the petitioner. The pattadar passbook issued in favour of the petitioner on 12.09.2009 was set aside by respondent No.2, vide his order, dated 18.06.2011. This order was confirmed in Revision Petition by respondent No.1, vide his order, dated 21.11.2012.
Sri V.Sudhakar Reddy, the learned counsel for the petitioner, has seriously questioned the jurisdiction of respondent No.2, in initiating proceedings on a report submitted by respondent No.3, by stating that such an action is far too in excess of his jurisdiction under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’).
The necessity of examining the legality and validity of the orders passed by respondent Nos.1 and 2 is obviated for the reason that the petitioner has filed O.S.No.52 of 2010 on the file of the Senior Civil Judge, Srikalahasti, initially for the relief of permanent injunction and later, it was amended for the relief of declaration of title and that the same is pending. Injunction orders relating to physical possession of the suit schedule property are also subsisting in the said suit.
Under Section 8(2) of the Act, if a party succeeds in the suit, he is entitled to correction of entries in the record of rights irrespective of the orders passed by the hierarchal authorities. It, therefore, necessarily follows that de hors the impugned orders passed by respondent Nos.1 and 2, the petitioner is entitled to pursue the suit filed by him and the civil Court needs to adjudicate the suit based on the evidence that may be produced by both the parties not being influenced by the findings rendered by respondent Nos.1 and 2 in the impugned orders.
A perusal of the record shows that on 09.01.2013, this Court has granted interim suspension of the impugned orders. In the light of these facts, the Writ Petition is disposed of in the following terms:
(i) the petitioner is entitled to pursue O.S.No.52 of 2010 on the file of the Senior Civil Judge, Srikalahasti and the said Court shall decide the same based on the evidence that may be produced by both the parties without being influenced by any of the findings rendered by respondent Nos.1 and 2 in the impugned orders;
(ii) all the parties shall maintain status quo as on today with reference to the entries in the record of rights;
(iii) the parties shall be governed by the interlocutory orders that are in force in O.S.No.52 of 2010 on the file of the Senior Civil Judge, Srikalahasti till the disposal of the said suit; and
(iv) the respective rights of the petitioner and respondent No.4 shall be subject to the result of O.S.No.52 of 2010 on the file of the Senior Civil Judge, Srikalahasti.
As a sequel to disposal of the Writ Petition, interim order, dated 09.01.2013, in W.P.M.P.No.925 of 2013 is vacated and WPMP.No.925 of 2013 and WVMP.No.504 of 2013 are disposed of as infructuous.
23rd January, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY