Mukku Shivamma vs State Of Telangana

Mr. Vivek Jain, learned counsel appears for the appellants.

Mr. J. Prabhakar, learned Senior Counsel represents Mr. Naresh Reddy Chinnolla, learned counsel for respondent No.5.

This intra court appeal emanates from an order dated 19.09.2023 passed by the learned Single Judge by which Writ Petition No.37864 of 2018 preferred by the appellants has been dismissed.

Facts giving rise to filing of this appeal briefly stated are that one Smt. Radha Bai Dubey was the owner and in possession of land situate in Survey Nos.35 and 36 of Vattinagulapally Village, Rajendranagar Mandal, Ranga Reddy District. On her death, the property devolved on her three sons. Each one of the sons succeeded to an extent of land measuring Acs.10.28 guntas. An agreement of sale dated 15.07.1978 was executed by all the three sons of aforesaid late Smt. Radha Bai Dubey in favour of one T. Sathaiah at the rate of Rs.1,500/- per acre. Thereafter, one of the sons, namely, Shyamlal Prasad Dubey and other two brothers have executed registered sale deeds in favour of the son of aforesaid T. Sattaiah in respect of land measuring 25 acres in Survey Nos.35 and 36 which includes a part of the land covered under the agreement of sale. Aforesaid Sattaiah approached the Tahsildar, Rajendranagar, seeking regularization of sale in respect of land measuring Acs.6.30 guntas situate in Survey Nos.35 and 36 on the strength of agreement of sale under Section 5A of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as ‘the 1971 Act’). The Tahsildar by an order dated 22.10.1994 directed regularization in respect of an area measuring Acs.6.30 guntas.

Thereafter, Smt. Uma Dubey, namely, respondent No.5 in this appeal, daughter of late Shyamlal Prasad Dubey approached the Tahsildar and submitted an application on 27.10.2014 under Right to Information Act, 2005. She obtained a copy of the proceeding dated 22.10.1994 by which the land measuring Acs.6.30 guntas was regularized in favour of the appellants. Thereupon, respondent No.5 filed an appeal before the Revenue Divisional Officer who by an order dated 01.10.2016 set aside the regularization proceeding and directed restoration of original entries in the revenue record existing prior to regularization.

The appellants thereupon filed a revision under Section 9 of the 1971 Act which was dismissed by the Joint Collector vide order dated 18.08.2018. The appellants challenged the aforesaid order dated 18.08.2018 passed by the Joint Collector and order dated 01.10.2016 passed by the Revenue Divisional Officer in Writ Petition No.37864 of 2018. The learned Single Judge by the impugned order dated 19.09.2023 has dismissed the Writ Petition.

In the aforesaid factual background, this Writ Appeal has been filed.

Learned counsel for the appellants has submitted that the notice of the proceeding of regularization was served on the father of respondent No.5. It is further submitted that the power of revision cannot be exercised after an inordinate delay of 20 years. It is also urged that an agreement of sale can be made as the basis for regularisation under Section 5A of the 1971 Act. It is also urged that the Revenue Divisional Officer as well as the Joint Collector ought to have appreciated that respondent No.5 had no subsisting land as on the date of filing of the appeal.

On the other hand, learned Senior Counsel for respondent No.5 has supported the order dated 19.09.2023 passed by the learned Single Judge.

We have considered the submissions made on both sides and have perused the record.

Section 5A of the 1971 Act is extracted below for the facility of reference.

5-A Regularisation of certain alienations or other transfers of lands:-

(1) Notwithstanding anything contained in this Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force, where a person is an occupant by virtue of an alienation or transfer made or affected otherwise than by registered document, the alienee or the transferee may, within such period as may be prescribed, apply to the Mandal Revenue Officer for a certificate declaring that such alienation or transfer is valid.

(2) On receipt of such application, the Mandal Revenue Officer shall, after making such enquiry as may be prescribed require the alienee or the transferee to deposit in the office of the Mandal Revenue Officer an amount equal to the registration fees and the stamp duty that would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the Registration Act, 1908 as fixed by the registering officer on a reference made to him by the Mandal Revenue Officer on the basis of the value of the property arrived at in such manner as may be prescribed:

Provided that the Mandal Revenue Officer shall not require the alienee or the transferee to deposit the amount under this sub-section unless he is satisfied that the alienation or transfer is not in contravention of the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the Urban Land (Ceiling and Regulation) Act,1976 the Telangana Scheduled Areas Land Transfer Regulation, 1959 and the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977.

(3) Nothing contained in sub-section (1) and sub-section (2) shall be deemed to validate any alienation where such alienation is in contravention of the provisions of the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the Urban Land (Ceiling and Regulation) Act, 1976, the Telangana Scheduled Areas Land Transfer Regulation, 1959 and the Telangana Assigned Lands (Prohibition of Transfers) Act, 1977.

(4) The Mandal Revenue Officer on deposit of an amount specified in sub-section (2), shall issue a certificate to the alienee or the transferee declaring that the alienation or transfer is valid from the date of issue of certificate and such certificate shall, notwithstanding anything in the Registration Act, 1908 be evidence of such alienation or transfer as against the alienor or transferor or any person claiming interest under him.

(5) The recording authority, shall on the production of the certificate issued under sub-section (2) make any entry in the pass book to the effect that the person whose name has been recorded as an occupant is the owner of the property.

(6) Subject to the provisions of sub-section (2) of Section 5A, the Tahsildar shall regularize claims of those applicants who apply not later than 31.12.2017 and have been in possession and do not have sada bainama (unregistered) document, based on enjoyment survey, local enquiry, approval of Gramsabha and it shall be limited up to Ac. 5.00 gts.

Thus, from perusal of the aforesaid provision, it is evident that an alienation or transfer made or affected otherwise than by way of registered document, can be regularized. An agreement of sale cannot be said to be an alienation or transfer and therefore, the Tahsildar by an order dated 22.10.1994 grossly erred in regularizing the sale in favour of the appellant in respect of land measuring Acs.6.30 guntas. Respondent No.5 admittedly was not a party to the proceedings. When the aforesaid proceeding was brought to the notice of the Revenue Divisional Officer, the Revenue Divisional Officer has rightly set aside the order of regularization. The findings of fact had been recorded against the appellants by the Revenue Divisional Officer as well as the Joint Collector and the learned Single Judge which do not call for any interference in this intra court appeal.

However, it is well settled that mere revenue entry does not confer any title on any party. Needless to state that in case any entries are made in pursuance of the orders impugned in this Writ Appeal, the same shall be subject to outcome of the civil suit which may be instituted by either of the parties.

Accordingly, the Writ Appeal is disposed of.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.