Jt. Collector Ranga Reddy Dist. & Anr. Etc. -vs- Narsing Rao

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 325-326 OF 2015

[Arising out of Special Leave Petition (Civil) Nos.5029-5030 of 2011]

Jt. Collector Ranga Reddy Dist. & Anr. Etc. .. Appellants

-vs-

Narsing Rao & Ors. Etc. Etc. .. Respondents

 

The facts leading to filing of these appeals are as follows: There is no dispute that Gopanpally village in Ranga Reddy district was a Jagir village. According to the writ petitioners Survey Nos.36 and 37 measuring Ac 280.00 guntas and Ac.378.14 guntas of the said village were Jagir lands and Jagirdar had given Pattas to different persons who were in possession of the lands and after abolition of Jagirs the same were reflected as Pattasin Khasra Pahani for the year 1954-55 which was prepared under Section 4(2) of the Andhra Pradesh (Telangana Area) Record of Rights in land Regulation, 1358F and subsequently the Pattadars had alienated the lands to the petitioners under registered sale deeds and they are in possession of the same. It is their further case that Patta was granted to an extent of Acre 44-00 in Survey No.36 and to an extent of acre 46-00 in Survey No.37 and while the matter stood thus, the petitioners on inquiry came to know that the Government has reserved and allotted a total extent of 477 acres in Survey Nos.36 and 37 of Gopanpally village for house sites to the Government employees by Government Orders dated 10.7.1991 and 24.9.1991, without mentioning the sub-division Nos. of the survey numbers and the Patta lands of the petitioners are also sought to be included within the area reserved and the petitioners challenged the same by filing writ petition No.21719 of 1997 on the file of the High Court. The writ petitioners have further stated that the Respondent No.1 at the instance of Respondent No.2 had issued notice dated 19.12.2003 to the writ petitioners and others stating that on verification of records i.e. namely Faisal Patti for the year 1953-54 in respect of the land bearing Survey Nos.36 and 37 of Gopanpally village there is no “Ain Izafa” (i.e.) (implementation of changes)taken place in respect of the said land and the entries in the Khasra Pahani appears to be incorporated by the then Patwari without order from the competent authority and an enquiry under Section 9 of the Andhra Pradesh Rights in Land to Pattadar Passbooks Act, 1971, is scheduled for hearing on 27.12.2003 and the writ petitioners challenged the said notice by filing Writ Petition No.26987 of 2003 and the learned Single Judge of the High Court allowed the said Writ Petition by order dated 30.8.2004 and set aside the impugned show cause notice. It is further stated by the writ petitioners that the first respondent on the very same basis issued subsequent notice dated 31.12.2004 for enquiry under Section 166B of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317Ffixing the date of hearing on 5.2.2005 and the petitioners challenged the same in their writ petition No.1731 of 2005 and the learned single Judge of the High Court heard both the writ petitions i.e. 21719 of 1997 and 1731 of 2005 together….read more