HC - Respondent No.2 is entitled to correct the entries in the record only after he is fully satisfied that the petitioner has acquired right over the property in question through any of the modes mentioned in Section 4 of the Act


IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD

THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY

WRIT PETITION NO.21100 OF 2002

Dt.28.1.2010


Sri Kola Satya Rao                                  … Petitioner

 Vs.

The Joint Collector, Vizianagaram District
   Vizianagaram
   and others                                         … Respondents

                                                                                            
! Counsel for the Petitioner:     Sri Venkateswara Rao Gudapati

^ Counsel for Respondents:     None  for R.1 and R.2.                                          
                                            Sri M. Balasubrahmanyam for R.3 & R.4.



< Gist:


> Head Note.



? Cases referred:
1)       1991(1) SCC 133
2)      AIR 1963 SC 698
3)      2002(4) ALD 497




















IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH 
AT HYDERABAD
(Special Original Jurisdiction)

PRESENT
THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY


WRIT PETITION NO.21100 OF 2002


Dt.28.1.2010

Between:
Sri Kola Satya Rao                                  … Petitioner

And

The Joint Collector, Vizianagaram District
Vizianagaram
and others                     … Respondents.

                                                                                            
Counsel for the Petitioner : Sri Venkateswara Rao Gudapati
Counsel for Respondents : None for R.1 and R.2.
                                      Sri M. Balasubrahmanyam for R.3 & R.4.



















This Court made the following:





ORDER: 

          This Writ Petition is filed for a Writ of Certiorari for quashing order dt.5.10.2002 passed by Respondent No.1.
          Heard Sri Gudapati Venkateswara Rao, learned Counsel for the petitioner, and Sri M. Balasubrahmanyam, learned Counsel representing respondent Nos.3 and 4.  No one appeared for respondent Nos.1 and 2 nor any record has been produced on their behalf.
          The petitioner is the brother-in-law of respondent No.4 as he has married the latter’s sister.  The property in question was owned by one Gundu Atchanna, father-in-law of respondent No.3 and grand-father of respondent No.4.  Prior to 1994, the name of Atchanna was existing in the revenue record as the owner and possessor of the land.  After his demise, the name of the petitioner was entered in the record of rights by respondent No.2 in the year 1994.  According to the petitioner, he was brought up by Gundu Atchanna from the age of ten years and given his grand-daughter, i.e., daughter of late Suryanarayana in marriage.  It is his further case that in the family partition that has taken place, the lands in question were given to him.  Respondent Nos.3 and 4, who are not residing in the village where the lands are situated, approached respondent No.1 in April, 2001 with a revision petition against correction of entries in the revenue records and issuance of pattadar pass books and title deeds in favour of the petitioner. It is stated in the revision petition that respondent No.3, being daughter-in-law of Gundu Atchanna and her husband having died, succeeded to the property along with respondent No.4 and that the petitioner approached respondent No.2, who corrected the entries in the revenue record by entering the petitioner’s name without any notice to her and respondent No.4 and that it was also specifically pleaded that respondent No.2 corrected the entries in the revenue record without making any enquiry whatsoever and that only recently she came to know about the said fact when she visited the village.  Respondent Nos.3 and 4 also pleaded that on the basis of the wrong entries made in the revenue record, pattadar pass books and title deeds were issued in favour of the petitioner.
          Respondent No.1 entertained the said revision petition and issued notice to the petitioner.  The petitioner filed his objections by way of a counter affidavit wherein he pleaded that he succeeded to the property as the share of Atchanna was allotted to him.  Respondent No.1 called for a report from the Mandal Revenue Officer (MRO) wherein it was reported that the property in question is an ancestral property which fell to the share of the respondent Nos.3 and 4 as per the settlement fair adangal of Bantupalli Village, that the petitioner, who is son-in-law of Suryanarayana and who was brought up by the family of Atchanna, was looking after the lands on behalf of the members of the family and that during final check operations, the petitioner by misrepresentation managed to get the lands mutated in his favour and on the basis of the said correction of entries, the pattadar pass books were given to the petitioner.  The MRO also opined that there was no documentary evidence to show that the land belongs to the writ petitioner and that the title and possession of the lands were with respondent Nos.3 and 4. 
          Before respondent No.1, the petitioner raised an objection as to the maintainability of the revision petition filed by respondent Nos.3 and 4 without first availing the remedy of appeal.  This objection was overruled by respondent No.1 and having regard to the report submitted by the MRO, he allowed the revision petition.  The petitioner filed this Writ Petition feeling aggrieved by the said order.
          At the hearing, learned Counsel for the petitioner submitted that respondent No.1 has exceeded his jurisdiction in entertaining the revision petition filed by respondent Nos.3 and 4 without availing the remedy of appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short, ‘the Act’).  He also submitted that neither the report of the MRO was furnished to the petitioner nor an opportunity in this regard was given to him to meet the findings contained therein.
          Learned Counsel for respondent Nos.3 and 4 sought to defend the order of respondent No.1.  He submitted that since the MRO failed to follow the procedure prescribed under Section 5(3) of the Act, before correcting the entries in the record of rights in favour of the petitioner, respondent Nos.3 and 4 did not have the knowledge of correction of entries and issuance of pattadar pass books and title deeds by respondent No.2 in favour of the writ petitioner.  As respondent Nos.3 and 4 came to know about the said fact only after about six to seven years, later, they had no other option except to approach respondent No.1 with a revision petition.
          I have carefully considered the submissions of the learned counsel for the respective parties.
With regard to the first contention of the learned counsel for the petitioner on the maintainability of the revision petition before respondent No.1, it would be necessary to consider the background and the relevant provisions of the Act.
          As indicated in its long title, the Act is intended to consolidate and amend the law relating to the Rights in Land and Pattadar Pass Books in the State of Andhra Pradesh. Prior to coming into force of the Act, the subject of Record of Rights in Land in Telangana area was governed by the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 Fasli. As a corresponding enactment was not in existence for the Andhra area, the Revenue Consultative Committee constituted by the Government of Andhra Pradesh made its recommendations, which were accepted by the State Government and has accordingly introduced the Act in the State Legislature in order to provide for a legislation throughout the State of Andhra Pradesh. The Act was accordingly brought into existence.
Section 3 of the Act provides for preparation and updating of the record of rights in all lands.  Under Section 4 of the Act, any person acquiring by succession, survivorship, inheritance, partition etc., any right as occupant of a land by any other method shall intimate the same in writing to the MRO concerned within ninety days from the date of such acquisition of notice.  Under Section 5(1) of the Act, when the MRO has reason to believe that acquisition of such a right has taken place he shall determine the claim. Where he considers that an amendment has to be effected in the record or rights, he shall carry out amendment in the record of rights.  Under Section 5(3) of the Act, before making such amendment, the MRO shall issue a notice in writing to all the persons whose names are entered in the record of rights and who are interested in or affected by the amendment. On receiving the objections, if any, filed by the persons who received such notices, the MRO shall consider every such objection and hold an enquiry into the same before passing order under Section 5(1) of the Act for carrying out the amendment in the record of rights.  If any person is aggrieved by such an order passed by the MRO, he is entitled to file an appeal under Section 5(5) of the Act before the appellate authority, namely, Revenue Divisional Officer concerned.  Under Section 6-A of the Act, a person in whose favour an order of correction of entries is made in the revenue record is entitled to be issued pattadar pass book and title deeds in his favour. Under Section 9 of the Act, the Collector is empowered to entertain a revision petition either suo motu or on an application to call for and examine the record of any Recording Authority, MRO or Revenue Divisional Officer under Sections 3, 5, 5-A or 5-B of the Act and pass an appropriate order either modifying, annulling or reversing or remitting the matter for reconsideration. 
As the scope of the power of the Collector to entire revision has fallen for consideration in this case, it would be useful to reproduce Section 9 of the Act, which reads as under:
“ 9. Revision:- The Collector may either suo motu or on an application made to him, call for and examine the record of any Recording Authority, Mandal Revenue Officer or Revenue Divisional Officer under Sections 3,5,5A or 5B, in respect of any record of rights prepared or maintained to satisfy himself as to the regularity, correctness, legality or propriety of any decision taken, order passed or proceedings made in respect thereof and if it appears to the Collector that any such decision, order or proceedings should be modified, annulled or reversed or remitted for reconsideration, he may pass orders accordingly:
Provided that no such order adversely affecting any person shall be passed under this Section unless he had an opportunity of making a representation”.

          The scheme of the Act referred to above thus makes it clear that whenever the MRO seeks to amend the record of rights, he shall follow the mandatory procedure of giving notice to the persons interested, holding enquiry into the objections, if any, filed by the interested persons and then passing an appropriate order for making such amendment.  If action was taken by the MRO after following the said procedure, the aggrieved person is entitled to file an appeal.  Under Section 5(5) of the Act, the appeal shall be filed within a period of sixty days from the date of communication of the order. 
While ordinarily an aggrieved person shall not be allowed to bypass the appeal remedy and is certainly bound to observe the hierarchical discipline in availing the remedies as are provided by the Statutes, this principle, in my considered opinion, is not inviolable. While construing the expression ‘revisional’, the Supreme Court in Rafat Ali Vs. Sugni Bai[1] held that “it means power of supervision”. In Hari Shankar Vs. Rao Girdhari Lal Chowdhury[2] the Supreme Court, in the context of considering the scope of power of the High Court under Section 115 CPC, observed that power to hear a revision is generally given to a superior Court so that it may satisfy itself that a particular case has been decided according to law.
Generally, the power of revision is conferred on a superior authority, which is vested with the supervisory jurisdiction to keep the officers subordinate to it within their bounds and exercise jurisdiction vested in them properly while discharging their quasi judicial functions. This legislative intent is quite apparent in Section 9 of the Act, which empowered the Collector to examine the decision taken or order passed by any of the three officers named therein. While the scope of interference in appeal is wider, the liberty available to the revisional authority to entertain a revision is greater.  Provisions, which confer these revisional powers on superior authorities, are normally couched in standard terms as Section 9 of the Act in the instant case is framed and they are generally intended to remedy the injustice caused on account of an irregular, illegal or improper decisions taken or orders passed by the subordinate authorities.
          Where, therefore, in a given case, the revisional authority is satisfied that it was not feasible or practicable for the aggrieved party to file an appeal or that the subordinate authority has passed an order, which is ex-facie contrary to the procedure prescribed under the Act or in violation of the principles of natural justice, it can exercise its revisional jurisdiction to step in and correct such procedural illegality or impropriety. If the facts of the case justify, an aggrieved party can be allowed to bypass the appellate remedy and seek intervention of the revisional authority. That such a power is consecrated in the revisional authority is clearly evident from the language of Section 9, which not only confers suo muto revisional power in the authority, but also empowers the authority to entertain an application from the aggrieved party and to call for and examine the record of any of his subordinate authorities, viz., Recording Authority, Mandal Revenue Officer or Revenue Divisional Officer, exercising powers under Sections 3, 5, 5A or 5B of the Act and modify, annul or reverse or remit for reconsideration any order passed by any of those authorities, where such revisional authority is satisfied that the order passed or decision taken was either irregular or incorrect or illegal or improper. This provision does not impose any pre-condition that the revisional authority shall not exercise his powers until the aggrieved party exhausts its appellate remedy.
However, I may hasten to add that this extraordinary power of interfering in a matter, where the party has not exhausted its appellate remedy, shall be used sparingly to prevent grave miscarriage of justice and shall not be exercised in a regular and routine manner by the revisional authority.
          If the above legal principles are applied to the facts of the present case, I am of the opinion, that on the undisputed facts of this case, the revisional authority, viz., respondent No.1, is justified in entertaining the revision petition though respondents 3 and 4 have not exhausted the remedy of appeal available to them under Section 5(5) of the Act. In their revision petition respondents 3 and 4 specifically pleaded that neither a notice was given to them nor an enquiry was held before respondent No.2 made amendment in the entries of record of rights and issued pattadar pass books and title deeds in favour of the petitioner. No material is placed before this Court by the petitioner or respondent No.2 to show that this plea raised by respondents 3 and 4 before respondent No.1 was false. Respondents 3 and 4 were virtually disabled from availing the appellate remedy within the prescribed limitation period. It is neither the pleaded case of the MRO nor the writ petitioner that respondents 3 and 4 were in the knowledge of correction of entries in the revenue records and issuance of pattadar pass books in favour of the petitioner. Therefore, on the admitted facts of this case, where the MRO failed to follow the mandatory procedure prescribed by the Act and to conform to the principles of natural justice, respondent No.1 was justified in entertaining the revision petition against the amendment of entries and issuance of pattadar pass books in favour of the petitioner, though respondents 3 and 4 did not avail the remedy of appeal.
          The learned counsel for the petitioner placed heavy reliance on the Division bench Judgment of this Court in Sannepalli Nageswar Rao Vs. District Collector, Khammam[3]to buttress his contention that the revisional authority has no jurisdiction to entertain the revision without the party first exhausting the appeal remedy.
          Having carefully considered the said judgment, I am of the view that reliance on this judgment by the learned counsel is wholly misplaced. In that case, one of the parties directly approached the District Collector with a request to enter their names in the revenue record. The District Collector forwarded their representation to the Revenue Divisional Officer with a direction to him to treat the said representation as an appeal. Accordingly, the Revenue Divisional Officer passed several orders in purported exercise of his appellate jurisdiction. These orders were questioned in a Writ Petition, which was disposed of by a learned single Judge. In the Letters Patent Appeal filed by the writ petitioner against the directions given by the learned single Judge, the Division Bench held that both the District Collector and the Revenue Divisional Officer have acted contrary to the procedure prescribed by the Act. The Division Bench found that entertainment of appeal by the Revenue Divisional Officer was in violation of the procedure prescribed under the Act. In the said case, neither the Collector has exercised his revisional powers nor had this Court an occasion to deal with the contours of the revisional powers of the Collector. Therefore, the said judgment has no relevance to the facts of the present case on hand.
With regard to the merits of the case, there is a serious dispute regarding succession to the properties.  Respondent No.2 has not produced the record before this Court so as to know the basis on which he has entered the name of the petitioner in the revenue record in the place of the registered owner.  Respondent Nos.3 and 4 are the natural successors to the property.  It is not the case of the petitioner that a written partition deed either registered or unregistered was executed among the joint family members and that on the basis of such a partition deed the property fell to the share of the petitioner.  If the petitioner’s wife, being the daughter of late Suryanarayana, father of respondent No.4 had a share in the joint family property, as argued by the learned Counsel for the petitioner, I fail to understand how the name of the petitioner was mutated in the revenue record instead of showing the name of his wife.  Even in such a case, the wife of the petitioner could have been shown as one of the successors of late Atchanna along with respondent Nos.3 and 4.  Had a notice been given to respondent Nos.3 and 4 and an enquiry been held by respondent No.2, the above issues would have been properly determined by him.
Having carefully considered the case in its entirety, I am of the opinion that in order to ensure that justice is done to the parties, respondent No.2 should hold a proper enquiry on the application of the petitioner for correction of entries and pass an appropriate order after giving notice to respondent Nos.3 and 4 and considering their objections.  Respondent No.2 is entitled to correct the entries in the record only after he is fully satisfied that the petitioner has acquired right over the property in question through any of the modes mentioned in Section 4 of the Act.  If the petitioner fails to produce proof of his acquiring rights over the property on the basis of documentary evidence, respondent No.2, who cannot undertake enquiry into the complicated issue of succession, shall relegate the petitioner to avail the remedy of filing a civil suit under Section 8(2) of the Act. In such a case, respondent No.2 shall delete the name of the petitioner from the revenue record and cancel the pattadar pass book and title deeds standing in the name of the petitioner. Needless to observe that in such an event, the petitioner can seek amendment of entries in the revenue record if he obtains a decree from the civil Court. Respondent No.2 shall complete the enquiry and pass appropriate order within two months from the date of receipt of a copy of this order. Till passing such an order, status quo as on today shall be maintained in all respects.
The Writ Petition is accordingly disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P. No.26406 of 2002, filed by the petitioner, is also disposed of.

         
______________________
C.V. NAGARJUNA REDDY, J
Dt. 28.1.2010

BNR/MNR

Note:
L.R.Copies to be marked.
                             (BO)

                             MNR


[1]) 1991(1) SCC 133
[2]) AIR 1963 SC 698
[3]) 2002(4) ALD 497

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