THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.20230 OF 2004 DATED 05TH SEPTEMBER, 2014 Between:
Yatakari Yadaiah and others … Petitioners and The Joint Collector, Ranga Reddy District and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.20230 OF 2004 O R D E R The petitioners call in question the order dated 17-07-2004 passed by the Joint Collector, Ranga Reddy District, in Case No.D5/2071/2002. The said order was passed by the Joint Collector, Ranga Reddy District, in a suo moto proceeding taken up for enquiry under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. The Joint Collector took note of the fact that the Mandal Revenue Officer, Shamshabad Mandal, in proceedings dated 24-01-1997 had amended the Records of Right in respect of Sy.No.174 of Sultanpally village in favour of the petitioners herein, who were arrayed as respondents 2 to 4 in the proceedings before him. According to the Village Administrative Officer, the pattadar of the subject land was one Aziz Abdul Rahaman who expired and succession was recognized to vest in his grand son, one Mohd. Iqbal. This Mohd. Iqbal was stated to have sold the land to the writ petitioners herein. However, a photostat copy of registered sale deed dated 23-01-1967 was also placed on record, whereunder one Habeeb Abdul Rahaman was stated to have sold the land to Mohd. Iqbal, a minor of 9 years age. In the light of these contradictions as to the nature of the right claimed by Mohd. Iqbal, the Joint Collector, Ranga Reddy District, opined that pattadar pass books and title deeds could not be issued to Mohd. Iqbal or his successors in title, the petitioners herein. The parties were accordingly directed to approach the civil Court for adjudication of their rights.
Aggrieved thereby, the present case was filed and this Court at the time of admission, dismissed W.P.M.P. No.26500 of 2004 holding that no reasons were made out to suspend the impugned order.
Having perused the material on record, this Court finds that the Joint Collector, Ranga Reddy District, rightly exercised revisionary power under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, given the contradictions surrounding the title claimed by Mohd. Iqbal, through whom the petitioners claimed rights.
This Court therefore finds no reason to interfere with the order under challenge. The writ petition is devoid of merit and is accordingly dismissed. No order as to costs.
SANJAY KUMAR, J 05TH SEPTEMBER, 2014 Svv