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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Land – Ranga Reddy District – Revision Petition filed by Sri.Kummari Ramulu
S/o.Late Kummari Kistaiah, & others Dated:28.3.2011, U/S, 158 (TA) Land
Revenue Act, 1317 F against the orders of the Collector issued in
Pro.Lr.No.E5/4287/2004, Dated:29.11.2004 – Not admitted on the ground of
time limitation- Orders- Issued.
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REVENUE (ASN.V) DEPARTMENT
G.O.Ms.No. 60 Dated: 27.01.2012
Read the following:-
1). Revision Petition filed by Sri.Kummari Ramulu S/o.Late Kummari
Kistaiah, & others Dated:28.3.2011, U/S, 158 (TA) Land Revenue Act,
1317 F
2) From the Government Pleader for (Asn) A.P.H.C
Lr.WP.34609/11/KR/Rev(A) Dated:27-12-2011.
3). Govt., Memo.No.53953/L.Reforms/2011-1, Dated:29.12.2011.
4). From the Government Pleader for (Asn) A.P.H.C Lr.WP.34609/
11/ KR/Rev(A) Dated:19-1-2012.
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O R D E R :
In the reference 1st read above, Sri.Kummari Ramulu, S/o.K.Kistaiah, &
others have filed Revision Petition before the Government, U/S, 158 (TA) Land
Revenue Act, 1317 F against the orders of the orders of Collector issued in
Pro.Lr.No.E5/4287/2004, Dated:29.11.2004.
2. Brief facts of the case:
3. As perused from the enclosures the petitioners before preferring Appeal in
the Government, have filed a Revision Petition before the Commissioner of
Appeals against, the orders issued in letter.No.E5/4287/2004, Dated:29.11.2004.,
by the Collector, Ranga Reddy District, in issuing NOC for the registration of
the land in favour of others, originally belonging to the applicants, as illegal,
arbitrary and violative of Act 9 of 1977 r/w A.P. Rights in Land in Pattadar Pass
Book Act 1971.
4. The Commissioner of Appeals while disposing the Revision Petition has
opined that the appeal filed by Sri.K.Ramulu and 7 others before him after a
lapse of more than (5) years on the Memo. Issued by the District Collector,
Ranga Reddy Dated:29.11.2004 in which the District Collector, has issued NOC
for assigned land in favour of the respondents herein in Sy.No.25/1 total extent
32.07 Cts., situated in Pet Basheerabad Village of Qutubullapur Mandal, Ranga
Reddy District for Sale/Registration purpose, subject to certain conditions and
his court do not have jurisdiction over NOC for sale/ Registration purpose and it
attracts the Prohibition of Transfers (POT) Act, and while returning the original
papers filed therein , advised the Counsel for the Petitioner to file appeal or
Revision Petition before the appropriate forum i.e., Government.
5. Accordingly in the reference 1st read above, the Petitioner has filed the
Revision Petition.
…..2-- 2 --
6. In fact the original Revision Petition said to have been filed before the
Government, has not been received in the appropriate section, in which the
subject matter has to be dealt. Further a copy of the Revision Petition has been
obtained from the Hon’ble High Court of A.P., so as to comply with the orders
of Hon’ble of A.P. and examined the same as per the existing rules in force.
7. Mean while the petitioner has also filed Writ Petition before the Hon’ble
High Court of A.P., in W.P.No.34069/2011, and the Hon’ble High Court of A.P.,
has posted the matter on 30.12.2011, and vide Memo.Dated:29.12.2011, the
Government Pleader for Revenue (Assignment), A.P.H.C., Hyderabad., has
requested to enter appearance before the High Court of A.P., and take one month
time to submit a report to the High Court of A.P., on the pendency of the
Revision Petition, and the Government Pleader, through the reference 4th read
above has informed that the above Writ Petition came up for hearing before the
Hon’ble Ms. Justice G. Rohini on 18.01.2011. As per his request, the Hon’ble
Court finally granted time till 1.2.2012, directing the respondents to file counter
affidavit, informing the stage of the appeal filed by the petitioners before the
Government without fail.
8. After gone through the issue, and without going into merits of the case, it
was observed that, as per section 158 (TA) Land Revenue Act-1317 F, an appeal
shall lie to the Government from any decision or order passed by a Collector, or
settlement Commissioner except in the case of any decision or order passed by
such officer on second or third appeal.
9. However the period of limitation for the Appeal preferred under section
158 with in 60 days against the order or decision of an officer lower in rank to a
Collector, and settlement Commissioner, and in all other cases, 90 days.
10. In view of the time limitation prescribed according to the Act, the
Revision Petition, which was filed by Sri. Kummari. Ramulu. S/o. Late
Kummari. Kistaiah & others after a lapse of more than five years, i.e., the
Collector passed orders on 29.11.2004, and the petitioner has filed Revision
Petition on 23.3.2011., the period is much beyond the limit prescribed. The
Revision Petition deserves no consideration, and not feasible for admission.
11. Therefore, the Revision Petition filed by Sri.Kummari Ramulu, is hereby,
rejected on the grounds of time limitation.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
ANIL CHANDRA PUNETHA
PRINCIPAL SECRETARY TO GOVERNMEN
To
Sri.Kummari Ramulu, S/o.Late Kummari Kistaiah, through M/s J.Ramachandra
Rao., S.Santosh Kumar and T.Srikanth Rao.,H.No.3-5-798, Flat No.401,
Prathima Residency, OPP:Bharatiyavidya Bhavan, King Koti Road, Hyderabad.
The Collector, Ranga Reddy District.
The Spl.CS & CCLA, Hyderabad.
The Government Pleader for Revenue(Assignment) A.P.H.C.,Hyderabad.
Copy to:
The Commissioner of Appeals, O/o. the C.C.L.A., Hyderabad.
Sf/Sc.
//FORWARDED::BY ORDER//
SECTION OFFICER