# JT. COLLECTOR RANGA REDDY DIST. & ANR. ETC v. D. NARSING RAO & ORS. ETC. ETC

- **Citation:** [2015] 1 S.C.R. 437
- **Court:** Supreme Court of India
- **Decided:** 2015-01-13
- **Case number:** Civil Appeal No. 325-326 of 2015
- **Bench:** C. Nagappan, T.S. Thakur
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/jt-collector-ranga-reddy-dist-anr-etc-v-d-narsing-rao-ors-etc-etc-30450
- **Pages:** 25

## Headnote

A
B
Andhra Pradesh (Telangana Area) Land Revenue Act,
1317F - s.1668 - Suo motu revision undertaken after a long
lapse of time (about 50 years) - Permissibility - Notice u/s
C
1668 - Challenged by respondents claiming to be owners in
possession of the land as the names of their predecessorsin-interest were mentioned in the Khasra Pahani of the year
1954-55 - Courts below set aside the notice - On appeal,
held: Though no limitation is provided for undertaking suo
D
motu revision, the exercise of the same after 50 years is
arbitrary and unreasonable and opposed to be concept of law
- Andhra Pradesh {Telangana Area) Record of Rights in Land
Regulation, 135BF -
Regulation 13 - Andhra Pradesh
(Telangana Area) (Abolition of Jagirs) Regulation, 135BF -
E
Limitation.
Dismissing the appeals, the Court
HELD:
Per C. Nagappan, J. 1. Consequent to the merger of
Hyderabad State with India in 1948 the Jagirs were
abolished by the Andhra Pradesh (Telangana Area)
Abolition of Jagirs Regulation, 1358 fasli. 'Khasra Pahani'
F
is the basic record of rights prepared by the Board of G
Revenue Andhra Pradesh in the year 1954-55. It was
gazetted under Regulation 4 of the A.P. (Telangana Area)
Record of Rights in Land Regulation 1358F. As per
437
H
438
SUPREME COURT REPORTS
[2015] 1 S.C.R.
A Regulation No.13 any entry in the said record of rights
shall be presumed to be true until the contrary is proved.
The said Regulation of 1358-F was in vogue till it was
repealed by the A.P. Rights in Land and Pattadar Pass
Books Act, 1971, which came into force on 15.8.1978. The
B names of the predecessors in title of the respondents are
found mentioned in the Khasra Pahani of the year 195455 pertaining to the land in question. The purchase of the
said lands by the respondents from them under
registered sale deeds are also not seriously disputed.
c They have also been regularly paying land revenue
continuously since the year 1954. The State issued the
impugned notice dated 31.12.2004 under Section 1668 of
A.P. (Telangana Area) Land Revenue Act,1317 F (1907) for
cancellation of entries in the Khasra Pahani of the year
D 1953-54. [para 9-1 O] [450-G-H; 451-A-B, C-E]
2. No time limit is prescribed in Andhra Pradesh
(Telangana Area) Record of Rights in Land Regulation,
1358F for the exercise of suo motu power. The
Government had every occasion to verify the revenue
E entries pertaining to the lands rn question while passing
the Government Order dated 24.9.1991 (reserving land for
house-sites to the Government employees), but no
exception was taken to the entries found. Even when the
Government order dated 24.9.1991 was challenged, no
F action was initiated pertaining to the enfries in the said
survey numbers. The suit by purchasers of land from
respondent Nos.1 and 2, praying for a declaration that
they were lawful owners and possessors of certain plots
of land in survey No.36 was decreed and said decree
G was allowed to become final. By the impugned Notice
dated 31.12.2004 the suo motu revision power under
Regulation 1668 was sought to be exercised after five
decades. The suo motu revision undertaken after a long
lapse of time, even in the absence of any period of
H ·limitation was arbitrary and opposed to the concept of
JT. COLLECTOR RANGA REDDY DIST. v. D.
439
NARSING RAO & ORS.
rule of law. [para 11-12] [452-E-H; 453-A-B, C-D]
A
Collector and others vs. P. Mangamma and others 2003
(2) SCR 430 = 2003 (4) sec 488 (2003) 4 sec 488; State
of Maharashtra and another vs. Rattan/al 1992 (3) Suppl.
SCR 536 = (1993) 3 SCC 326; State of Orissa and others vs.
B
Brundaban Sharma and another (1995) Supp.(3) SCC 249;
State of Gujarat vs. Patil Raghav Natha and others (1969) 2
SCC 187; Mohamad Kavi Mohamad Amin vs. Fatmabai
Ibrahim (1997) 6 SCC 71; Santoshkumar Shivgonda Patil
and others vs. Balasaheb Tukaram Shevale and others
(2009) 9 SCC 352 ; State of Punjab and others vs. Bhatinda C
District Cooperative Milk Producers Union Ltd. 2007
(11) SCR 14 = (2007) 11 SCC 363; /brah

## Text

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[2015] 1 S.C.R. 437
JT. COLLECTOR RANGA REDDY DIST. & ANR. ETC.
v.
D. NARSING RAO & ORS. ETC. ETC.
(Civil Appeal No. 325-326 of 2015)
JANUARY 13, 2015
[C. NAGAPPAN AND T.S. THAKUR, JJ.]
A
B
Andhra Pradesh (Telangana Area) Land Revenue Act,
1317F - s.1668 - Suo motu revision undertaken after a long
lapse of time (about 50 years) - Permissibility - Notice u/s
C
1668 - Challenged by respondents claiming to be owners in
possession of the land as the names of their predecessorsin-interest were mentioned in the Khasra Pahani of the year
1954-55 - Courts below set aside the notice - On appeal,
held: Though no limitation is provided for undertaking suo
D
motu revision, the exercise of the same after 50 years is
arbitrary and unreasonable and opposed to be concept of law
- Andhra Pradesh {Telangana Area) Record of Rights in Land
Regulation, 135BF -
Regulation 13 - Andhra Pradesh
(Telangana Area) (Abolition of Jagirs) Regulation, 135BF -
E
Limitation.
Dismissing the appeals, the Court
HELD:
Per C. Nagappan, J. 1. Consequent to the merger of
Hyderabad State with India in 1948 the Jagirs were
abolished by the Andhra Pradesh (Telangana Area)
Abolition of Jagirs Regulation, 1358 fasli. 'Khasra Pahani'
F
is the basic record of rights prepared by the Board of G
Revenue Andhra Pradesh in the year 1954-55. It was
gazetted under Regulation 4 of the A.P. (Telangana Area)
Record of Rights in Land Regulation 1358F. As per
437
H
438
SUPREME COURT REPORTS
[2015] 1 S.C.R.
A Regulation No.13 any entry in the said record of rights
shall be presumed to be true until the contrary is proved.
The said Regulation of 1358-F was in vogue till it was
repealed by the A.P. Rights in Land and Pattadar Pass
Books Act, 1971, which came into force on 15.8.1978. The
B names of the predecessors in title of the respondents are
found mentioned in the Khasra Pahani of the year 195455 pertaining to the land in question. The purchase of the
said lands by the respondents from them under
registered sale deeds are also not seriously disputed.
c They have also been regularly paying land revenue
continuously since the year 1954. The State issued the
impugned notice dated 31.12.2004 under Section 1668 of
A.P. (Telangana Area) Land Revenue Act,1317 F (1907) for
cancellation of entries in the Khasra Pahani of the year
D 1953-54. [para 9-1 O] [450-G-H; 451-A-B, C-E]
2. No time limit is prescribed in Andhra Pradesh
(Telangana Area) Record of Rights in Land Regulation,
1358F for the exercise of suo motu power. The
Government had every occasion to verify the revenue
E entries pertaining to the lands rn question while passing
the Government Order dated 24.9.1991 (reserving land for
house-sites to the Government employees), but no
exception was taken to the entries found. Even when the
Government order dated 24.9.1991 was challenged, no
F action was initiated pertaining to the enfries in the said
survey numbers. The suit by purchasers of land from
respondent Nos.1 and 2, praying for a declaration that
they were lawful owners and possessors of certain plots
of land in survey No.36 was decreed and said decree
G was allowed to become final. By the impugned Notice
dated 31.12.2004 the suo motu revision power under
Regulation 1668 was sought to be exercised after five
decades. The suo motu revision undertaken after a long
lapse of time, even in the absence of any period of
H ·limitation was arbitrary and opposed to the concept of
JT. COLLECTOR RANGA REDDY DIST. v. D.
439
NARSING RAO & ORS.
rule of law. [para 11-12] [452-E-H; 453-A-B, C-D]
A
Collector and others vs. P. Mangamma and others 2003
(2) SCR 430 = 2003 (4) sec 488 (2003) 4 sec 488; State
of Maharashtra and another vs. Rattan/al 1992 (3) Suppl.
SCR 536 = (1993) 3 SCC 326; State of Orissa and others vs.
B
Brundaban Sharma and another (1995) Supp.(3) SCC 249;
State of Gujarat vs. Patil Raghav Natha and others (1969) 2
SCC 187; Mohamad Kavi Mohamad Amin vs. Fatmabai
Ibrahim (1997) 6 SCC 71; Santoshkumar Shivgonda Patil
and others vs. Balasaheb Tukaram Shevale and others
(2009) 9 SCC 352 ; State of Punjab and others vs. Bhatinda C
District Cooperative Milk Producers Union Ltd. 2007
(11) SCR 14 = (2007) 11 SCC 363; /brahimpatnam Ta/uk
Vyavasaya Coolie Sangham vs. K. Suresh Reddy and others
2003 (2) Suppl. SCR 698 = (2003) 7 SCC 667 - referred to.
D
Per T.S. Thakur, J.(Supplementing):
1. If actions or transactions were to remain forever
open to challenge, it will mean avoidable and endless
uncertainty in human affairs, which is not the policy of E
law. Because, even when there is no period of limitation
prescribed for exercise of such powers, the intervening
delay, may have led to creation of third party rights, that
cannot be trampled by a belated exercise of a
discretionary power especially when no cogent
explanation for the delay is in sight. Rule of law must run
F
closely with the rule of life. Even in cases where the
orders sought to be revised are fraudulent, the exercise
of power must be within a reasonable period of the
discovery of fraud. Simply describing an act or
transaction to be fraudulent will not extend the time for G
its correction to infinity; for otherwise the exercise of
revisional power would itself be tantamount to a fraud
upon the statute that vests such power in an authority.
[para 11] [460-B-D]
H
440
SUPREME COURT REPORTS
[2015] 1 S.C.R.
A
2. In the present case, while the entry sought to be
corrected is described as fraudulent, there is nothing in
the notice impugned before the· High Court as to when
was the alleged fraud discovered by the State. A specific
statement in that regard was essential, for it was a
B jurisdictional fact, which ought to be clearly asserted in
the notice issued to the respondents. The attempt of the
appellant-State to demonstrate that the notice was issued
within a reasonable period of the discovery of the alleged
fraud is, therefore, futile. [para 12] [460-E-G]
c
3. When the Government allowed the land in
question for housing sites to be given to Government
employees in the year 1991, it must be presumed to have
known about the record and the revenue entries
concerning the parcel of land made in the ordinary
D course of official business. In as much as, the notice was
issued as late as on 31st December, 2004, it was delayed
by nearly 13 years. No explanation has been offered even
for this delay assuming that the same ought to be
counted only from the year 1991. The notice seeking to
E
reverse the entries made half a century ago, was clearly
beyond reasonable time and was rightly quashed.[para
12] [460-G-H; 461-A]
Santoshkumar Shivgonda Patil and Anr. v. Balasaheb
F
Tukaram Shevale (2009) 9 SCC 352 and Special Director and
Anr.
v.
Mohd.
Ghulam
Ghouse
and
Anr.2004
(1) SCR 399 = (2004) 3 SCC 440; S.B. Gurbaksh Singh v.
Union of India 1976 (3) SCR 247 = 1976 (2) SCC 181,
lbrahimpatnam Taluk Vyavasaya Coolie Sangham V. K.
G
Suresh Reddy and Ors. 2003 (2) Suppl. SCR 698 = (2003)
7 SCC 667; Sulochana Chandrakant Galande. v. Pune
Municipal Transport and Others (2010) 8 SCC 467; State of
H.P. and Ors. v. Rajkumar Brijender Singh and Ors. 2004
(1) Suppl. SCR 618 = 2004 (10) SCC 585; Mis Dehri Rohtas
Light Railway Company Ltd. V. District Board, Bhojpur and
H
JT. COLLECTOR RANGA REDDY DIST. v. D.
441
NARSING RAO & ORS . ..
Ors. 1992 (2) SCR 155 = (1992) 2 sec 598 - relied on.
A
Case Law Reference
In the judgment of Naga1212an 1 J
2003 (2) SCR 430
referred to
para 7
B
1992 (3) Suppl. SCR 536 referred to
para 7
(1995) Supp.(3) sec 249
referred to
para 7
(1969) 2 sec 187
referred to
para 8
c
(1997) 6 sec 11
referred to
para 8
(2009) 9 sec 352
referred to
para 8
2007 (11) SCR 14
referred to
para 8
2003 (2) Suppl. SCR 698
referred to
para 8
D
In the judgment of Thakur1 J.
(2009) 9 sec 352
relied on
. para 4
2004 (1) SCR 399
relied on
para 4
E
1976 (3) SCR 247
relied on
para 6
2003 (2) Suppl. SCR 698
relied on
para 7
2004 (1) Suppl. SCR 618
relied on
para 8
F
2004 (1 O) sec 585
relied on
para 9
1992 (2) SCR 155
relied on
para 10
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos.
G
325-326 of 2015.
From the Judgment and Order dated 08.06.2010 of the
High Court of Judicature of Andhra Pradesh at Hyderabad in
W.P. Nos. 273 and 323 of 2010.
H
442
SUPREME COURT REPORTS
[2015] 1 S.C.R.
A
WITH
Civil Appeal No. 327 of 2015.
L.N. Rao, ASG, R. Venkataramni, D. Mahesh Babu,
B Suchitra Hrangkhawl, Amit K. Nain, G.N. Reddy, Yogesh Jogia,
Hemendra Reddy, Amit Sood, Hetu Arora Sethi for the
Appellants.
U.U. Lalit, Pravin H. Parekh, Ranjit Kumar, P.V. Shetty, S.
c Adi Narayan, Lalit Chauhan, Sumit Goel, Somandari Goud,
Shashank Bhansali, Rithika Sethi, Abhishek Vined Deshmukh
(for Parekh & Co.), Venkateshwar Rao Anumolu, Prabhakar
Parnam, Y.Rajagopala Rao, Hitendra Nath Rath, Vismai Rao,
D. Bharathi Reddy, D. Ramakrishna Reddy, Satish Galla, N.
0
Rajaraman, A. S. Rao, Ram Swarup Sharma, Y. Raja Gopala
Rao, G. N. Reddy for the Respondents.
'
E
The Judgment of the Court were delivered by.
C. NAGAPPAN, J. 1. Leave granted.
2. These appeals are directed against the common
judgment dated 8.6.2010 passed in Writ Appeal No.273 and
323 of 2010 by the Division Bench of High Court of Andhra
Pradesh at Hyderabad.
F
3. Broadly speaking, 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
G 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 Pattas in 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,
H
JT. COLLECTOR RANGA REDDY DIST. v. D.
443
NARSING RAO & ORS. [C. NAGAPPAN, J.]
B
1358F and subsequently the Pattadars had alienated the lands
A
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 subdivision Nos. of the survey numbers and the Patta lands of the c
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 195354 in respect of the land bearing Survey Nos.36 and 37 of
Gopanpally village there is no "Ain lzafa" (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 1668 of Andhra
Pradesh (Telangana Area) Land Revenue Act, 1317F fixing 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.
D
E
F
G
H
444
SUPREME COURT REPORTS
[2015] 1 S.C.R.
A
4. The said writ petitions were resisted by the Government
by stating that the Jagirs were abolished on 15.8.1948 by the
Andhra Pradesh (Telangana Area) (Abolition of Jagirs)
Regulation, 1358 fasli and the pre-existing rights in all the
Jagirs were taken away and as per the Khasra Pahani for the
B year 1954-55 the sub-divisions were made under Survey
Nos.36 and 37 of the village Gopanpally fraudulently by the
Patwari and those sub-divisions and names were not approved
by Nizam Jamabandi in Faisal Patti during the year 1954-55
as per the procedure in vogue and the schedule land bearing
C survey Nos. 36 and 37_ from the time of Jagir abolition on
15.8.1948 is classified as Chinna Kancha (grazing land) and
it belongs to the Government and the said unauthorized entries
in Khasara Pahani made by the then Patwari were detected
by the Revenue Authorities and hence enquiry has been
0 ordered under Section 1668 of Andhra Pradesh (Telangana
Area) Land Revenue Act, 1317F and only a show cause notice
has been issued.
5. The learned single Judge by common order dated
15.9.2009 set aside the impugned Government order in GOMS
E No.850 dated 24.9.1991 insofar as the lands held by the writ
petitioners to the total extent of Acre 90-00 in Survey Nos.36
and 37 are concerned and also set aside the impugned notice
dated 31.12.2004 and accordingly allowed the writ petitions.
Aggrieved by the same respondents 1 and 2 namely the
F Government preferred appeal in writ Appeal Nos. 273 and 323
of 2010 and the Division Bench of the High Court after hearing
both sides dismissed both the writ appeals by common
judgment dated 8.6.2010. Challenging the same the State
Government has preferred the present appeals. Respondent
G No.13 in writ appeal 323 of 2010 has also preferred an
independent appeal before this Court and all the three appeals
are heard together.
6. Mr. Nageshwar Rao, learned Additional Solicitor
General appearing for the appellant State contended that the
H
JT. COLLECTOR RANGA REDDY DIST. v. D.
445
NARSING RAO & ORS. [C. NAGAPPAN, J.]_
land was held by Jagirs as 'crown grant' and it was not heritable
A
and that the Jagir system was abolished on 15.8.1948 and the
entire Jagir land by operation of law came to be vested with
the Government and as per the land Revenue records prepared
under A.P. (Telangana Area) Record of Rights in Land
Regulation, 1358, Fasli for the year 1950-52 the land comprised
in survey Nos. 36 and 37 of Gopanpally village was owned by
B
the Government and it is classified as "grazing land (Kancha
China Sarkari non agriculture) and as per land revenue records
called faisal-patti for 1953-54, the said land continued to be
"Government grazing land''. It is his further submission that for c
the first time in August 1997 the Respondent Nos. 1-12 by filing
Writ Petition No.21719of1997 claimed to have aGquired right
on 75 acre GTS in Survey Nos. 36 and 37 based on their
predecessor name recorded in the Khasra Pahani of 1954-55
whereas no sub-division of the Survey Nos.36 and 37 was ever
D
carried out and the land was allotted to employees co-operative
societies as one consolidated plot of land as shown in the
Government records. According to the appellants the names
of the vendor of the respondents have been recorded in the
Khasra Pahani in the year 1954-55 surreptitiously by the then
Patwari without any order issued by the competent authority
under the relevant provisions of law and no right can be claimed
merely on the basis of the fraudulent entries.
E
7. It is his further contention that the High Court failed to
appreciate that the Government cannot be precluded from
F
taking action to correct fraudulent entries in the Khasra Pahani
by citing long lapse of time and the dismissal of the Writ
Appeals is unsustainable in law. Mr. R. Venkataramni, learned
senior counsel appearing for the other appellant also assailed
the impugned order for the same reasons. In support of their
G
submissions reliance was placed on the following decisions of
this Court.
In the decision in Collector and others vs. P. Mangamma
and others (2003) 4 SCC 488 this Court while dealing with suo
H
446
SUPREME COURT REPORTS
[2015] 1 S.C.R
A motu action against irregular assignments under the Andhra
Pradesh Assigned Li;:inds (Prohibiliorr of Transfers) Act, 1977
held that it would be hard to give an exact definition of the word
"reasonable" and a reasonable period would depend upon the
facts of the case concerned and on the facts of the case in .
B which the decision arose, suo motu action taken after a period
of thirty years was remitted to the High Court for fresh
consideration.
In the decision in State of Maharashtra and another vs.
Rattan/al (1993) 3 SCC 326 this Court while dealing with
C revisional power under Section 45 of Maharashtra Agricultural
Land (Ceiling and Holdings)Act, 1961 held that suo motu
revisional power may not be exercised after the expiry of three
years from the date of the impugned order, however, where
suppression of material facts, namely, existence of the
D undeclared agricultural land had come to the knowledge of the
. higher authorities after a long lapse of time, the limitation would
start running only from the date of discovery of the fraud or
suppression.
E
In the decision in State of Orissa and others vs.
Brundaban Sharma and another (1995) Supp.(3) SCC 249
this Court while dealing with the power of revision under Section
38-8 of Orissa Estates Abolition Act, 1951 held that the Board
of Revenue exercised the power of revision 27 years after the
F date of alleged grant of patta but its authenticity and correctness
was shrouded with suspicious features and, therefore, exercise
of revisional power was legal and valid.
8. We heard the submissions made by Mr. U.U. Lalit, Mr.
Pravin H. Parekh, Mr. Ranjit Kumar, Mr. P.V. Shetty, learned
G senior counsels and also the other learned counsels appearing
for the respondents. The main submissions of the learned
counsels appearing for the respondents are that the names of
the predecessors in title of the respondents are found
mentioned in the Khasra Pahani of the year 1954-55 and the
H purchase of the subject land by the respondents from them
JT. COLLECTOR RANGA REDDY DIST. v. D.
44 7
NARSING RAO & ORS. [C. NAGAPPAN, J.]
under registered sale deeds are not in dispute and they have
been regularly paying land revenue continuously since the year
1954 and substantial rights on account of continuous
possession and enjoyment of the subject property has been
accrued to the respondents and the exercise of suo-motu
revisional power after long lapse of time is arbitrary and
summary remedy of enquiry and correction of records cannot
be invoked when there is bonafide dispute of title and liberty
has been given to the appellants to work out its remedies by
way of filing civil suit and the findings of the High Court are
sustainable on facts and law. In support of their submissions
reliance was placed on the following decisions of this Court.
In the decision in State of Gujarat vs. Patil Raghav Natha
and others (1969) 2 SCC 187 this Court while adverting to
Sections 65 and 211 of the Bombay Land Revenue Code,
1879 held lhat though there is no period of limitation prescribed
under Section 211 to revise an order made under Section 65
of the Act, the said power must be exercised in reasonable time
and on the facts of the case in which the decision arose, the
power came to be exercised more than one year after the order
and that was held to be too late.
In the decision in Mohamad Kavi Mohamad Amin vs.
Fatmabai Ibrahim (1997) 6 SCC 71 this Court while dealing
with Section 84-C of Bombay Tenancy and Agricultural Lands
Act, 1976 held that though the said Section does not prescribe
for any time limit for initiation of proceeding such power should
be exercised within a reasonable time and on the facts of the
case, the suo motu enquiry initiated under the said Section after
a period of nine months was held to be beyond reasonable
time.
In the decision in Santoshkumar Shivgonda Patil and
others vs. Balasaheb Tukaram Shevale and others (2009) 9
SCC 352 this Court while dealing with the power of revision
under Section 257 of the Maharashtra Land Revenue Code,
A
B
c
D
E
F
G
1966 held as follows :
H
A
B
c
0
E
448
SUPREME COURT REPORTS
[2015] 1 S.C.R.
"11. It seems to be fairly settled that if a statute does not
prescribe the time-limit for exercise of revisional power, it
does not mean that such power can be exercised at any
time; rather it should be exercised within a reasonable
time. It is so because the law does not expect a settled
tl:iing to be unsettled after a long lapse of time. Where the
legislature does not provide for any length of time within
which the power of revision is to be exercised by the
authority, suo motu or otherwise, it is plain that exercise
of such power within reasonable time is inherent therein.
12. Ordinarily, the reasonable period within which the
power of revisiQJl may be exercised would be three years
under Section 257 of the Maharashtra Land Revenue
Code subject, ot course, to the exceptional circumstances
in a given ease, but surely exercise of revisional power
after a lapse of 17 years is not a reasonable time.
Invocation of revisional power by the Sub-Divisional Officer
under Section 257 of the Maharashtra Land Revenue
Code is plainly an abuse of process in the facts and
circumstances of the case assuming that the order of the
Tahsildar passed on 30-3-1976 is flawed and legally not
correct."
In the decision in State of Punjab and others vs. Bhatinda
District Cooperative Milk_ Producers Union Ltd. (2007) 11 SCC
F 363 this Court while dealing with the revisional power under
Section 21 of the Punjab General Sales Tax Act, 1948 held
thus:
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H
"17. A bare reading bf Section 21 of the Act would reveal
that although no period of limitation has been prescribed
therefor, the same would not mean that the suo motu power
can be exercised at any time.
18. It is trite that if no period of limitation has been
prescribed, statutory authority must exercise its jurisdiction
within a reasonable period. What, however, shall be the
JT. COLLECTOR RANGA REDDY DIST. v. D.
449
NARSING RAO & ORS. (C. NAGAPPAN, J.]
reasonable period would depend upon the nature of the
statute, rights and liabilities thereunder and other relevant
factors.
19. Revisional jurisdiction, in our opinion, should ordinarily
be exercised within a period of three years having regard
to the purport in terms of the said Act. In any event, the
same should
not exceed the period of five
years ................ "
A
B
In the decision in lbrahimpatnam Taluk Vyavasaya Coolie
Sangham vs. K. Suresh Reddy and others (2003) 7 SCC 667 .C
this Court while def!ling with suo motu power of revision under
Section 50-8(4) of the Andhra Pradesh (Telangana Area)
Tenancy and Agricultural Land Act, 1950 held as follows :
"9 . ............... In the absence of necessary and sufficient
particulars pleaded as regards fraud and the date or
period of discovery of fraud and more so when the
contention that the suo motu power could be exercised
within a reasonable period from the date of discovery of
fraud was not urged, the learned Single Judge as well as
the Division Bench of the High Court were right in not
examining the question of fraud alleged to have been
committed by the non-official respondents. Use of the
words "at any time" in sub-section (4) of Section 50-B of
the Act only indicates that no specific period of limitation
D
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F
is prescribed within which the suo motu power could be
exercised reckoning or starting from a particular date
advisedly and contextually. Exercise of suo motu power
depended on facts and circumstances of each case. In
cases of fraud, this power could be exercised within a
reasonable time from the date of detection or discovery
G
of fraud. While exercising such power, several factors need
to be kept in mind such as effect on the rights of the third
parties over the immovable property due to passage of
considerable time, change of hands by subsequent bona
fide transfers, the orders attaining finality under the
H
A
B
c
D
E
F
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[2015] 1 S.C.R.
provisions of other Acts (such as the Land Ceiling Act).
Hence, it appears that without stating from what date the
period of limitation starts and within what period the suo
motu power is to be exercised, in sub-section (4) of
Section 50-B of the Act, the words "at any time" are used
so that the suo motu power could be exercised within
reasonable period from the date of discovery of fraud
depending on facts and circumstances of each case in the
context of the statute and nature of rights of the parties.
Use of the words "at any time" in sub-section (4) of Section
50-B of the Act cannot be rigidly read letter by letter. It must
be read and construed contextually and reasonably. If one
has to simply proceed on the basis of the dictionary
meaning of the words "at any time", the suo motu power
under sub-section (4) of Section 50-B of the Act could be
exercised even after decades and then it would lead to ·
anomalous position leading to uncertainty and
complications seriously affecting the rights of the parties,
that too, over immovable properties. Orders attaining
finality and certainty of the rights of the parties accrued in
the light of the orders passed must have sanctity. Exercise
of suo motu power "at any time" only means that no
specific period such as days, months or years are not
prescribed reckoning from a particular date. But that does
not mean that "at any time" should be unguided and
arbitrary. In this view, "at any time" must be understood as
within a reasonable time depending on the facts and
circumstances of each case in the absence of prescribed
period of limitation."
9. Consequent to the merger of Hyderabad State with India
G in 1948 the Jagirs were abolished by the Andhra Pradesh
(Telangana Area) Abolition of Jagirs Regulation, 1358 fasli.
'Khasra Pahani' is the basic record of rights prepared by the
Board of Revenue Andhra Pradesh in the year 1954-55. It was
gazetted under Regulation 4 of the A.P. (Telangana Area)
H Record of Rights in Land Regulation 1358F. As per Regulation
JT. COLLECTOR RANGA REDDY DIST. v. D.
451
NARSING RAO & ORS. [C. NAGAPPAN, J.]
No.13 any entry in the said record of rights shall be presumed
to be true until the contrary is proved. The said Regulation of
1358-F was in vogue till it was repealed by the A. P. Rights in
Land and Pattadar Pass Books Act, 1971, which came into
force on 15.8.1978. In the 2nd edition (1997) of "The Law
Lexicon" by P. Ramanatha Aiyer (at page 1053) 'Khasra' is
described as follows:
"Khasra is a register recording the incidents of a tenure
and is a historical record. Khasra would serve the purpose
of a deed of title, when there is no other title deed."
10. Admittedly, the names of the predecessors in title of
the respondents are found mentioned in the Khasra Pahani of
the year 1954-55 pertaining to Survey Nos.36 and 37 of
Gopanpally village. The purchase of the said lands by the
respondents from them under registered sale deeds are also
not seriously disputed. The further fact is that they have been
regularly paying land revenue continuously since the year 1954.
The appellants herein issued the impugned notice dated
31.12.2004 under Section 166B of A.P. (Telangana Area) Land
Revenue Act,1317 F (1907) for cancellation of entries in the
Khasra Pahani of the year 1953-54, by fixing the date of inquiry
as 5.2.2005 and that notice is the subject matter of challenge
here.
Regulation 166B reads as follows:
"166-8. Revision:-
(1) Subject to the provisions of the Andhra Pradesh
(Telangana Area) Board of Revenue Regulation, 1358 F,
A
B
c
D
E
F
the Government or any Revenue officer not lower in rank
G
to a Collector the Settlement Commissioner of Land
Records may call for the record of a case or proceedings
from a subordinate department and inspect it in order to
satisfy himself that the order or decision passed or the
proceedings taken is regular, legal and proper and may
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[2015] 1 S.C.R.
A
make suitable order in that behalf;
Provided that no order or decision affecting the rights of
the ryot shall be modified or annulled unless the concerned
parties are summoned and heard.
B
(2) Every Revenue Officer lower in rank to a Collector or
Settlement Commissioner may call for the records of a
case or proceedings for a subordinate department and
satisfy himself that the order or decision passed or the
proceedings taken is regular, legal and proper and if, in
C
his opinion, any order or decision or, proceedings
should be modified or annulled, he shall put up the file of
the case and with his opinion to the Collector or Settlement
Commissioner as the case may be. Thereupon the
Collector or Settlement Commissioner may pass suitable
o
order under the provisions of sub-section (1 ).
(3) The original order or decision or an authentic copy of
the original order or decision sought to be revised shall
be filed along with every application for revision." -
E
11. No time limit is prescribed in the above Regulation for
the exercise of suo motu power but the question is as to
whether the suo motu power could be exercised after a period
of 50 years. The Government as early as in the year 1991
passed order reserving 477 acres of land in Survey Nos. 36
F and 37 of Gopanpally village for house-sites to the government
employees. In other words the Government had every occasion
to verify the revenue entries pertaining to the said lands while
passing the Government Order dated 24.9.1991 but no
exception was taken to the entries found. Further the
G respondents herein filed Writ Petition No.21719 of 1997
challenging the Government order dated 24.9.1991 and even
at that point of time no action was initiated pertaining to the
entries in the said survey numbers. Thereafter, the purchasers
of land from respondent Nos.1 and 2 herein filed a civil suit in
H O.S.No.12 of 2001 on the file of Additional District Judge,
JT. COLLECTOR RANGA REDDY DIST. v. D.
453
NARSING RAO & ORS.
Ranga Reddy District praying for a declaration that they were
A
lawful owners and possessors of certain plots of land in survey
No.36, and after contest, the suit was decreed and said decree
is allowed to become final. By the impugned Notice dated
31.12.2004 the suo motu revision power under Regulation 166B
referred above is sought to be exercised after five decades and
B
if it is allowed to do so it would lead to anomalous position
leading to uncertainty and complications seriously affecting the
rights of the parties over immovable properties.
12. In the light of what is stated above we are of the view
C
that the Division Bench of the High Court was right in affirming
the view of the learned single Judge of the High Court that the
suo motu revision undertaken after a long lapse of time, even
in the absence of any period of limitation was arbitrary and
opposed to the concept of rule of law.
13. Thus, we find no merit in these appeals. Consequently
they are dismissed with no order as to costs.
T.S. THAKUR, J. 1. I have had the privilege of reading
the order proposed by my esteemed Brother C. Nagappan, J.
Though I entirely agree with the conclusion drawn by His
Lordship that revisional powers vested in the Joint Collector
under Section 166B of A.P. (Telangana Area) Land Revenue
Act cannot be exercised 50 years after the making of the
alleged fraudulent entries and that the High Court was justified
in quashing notice dated 31st December, 2004 issued to the
respondents, I would like to add a few lines of my own.
2. The facts giving rise to the filing of the writ petitions and
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the writ appeals before the High Court out of which arise the
present appeals have been set out at length by my esteemed
G
Brother in the order proposed by him. Narration of the factual
matrix over again would, therefore, serve no useful purpose.
Suffice it to say that the dispute in these proceedings is
confined to an extent of 44 acres of land situate in Survey No.36
and 46 acres of land in Survey No.37 of Gopanpally village of
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SUPREME COURT REPORTS
[2015] 1 S.C.R.
A Ranga Reddy district in the state of Andhra Pradesh. The case
of the respondents (writ petitioners before the High Court) was
that the said extent of land was granted by the Jagirdar
concerned on Patta to persons in actual cultivating possession.
The Patta was, according to the respondents, recongnised by
B the Government, with the result that the names of the holders
were shown in the Khasra Phanis since the year 1954-55.
3. In terms of G.O.Ms 850 Rev. (Asn.111) Dept. dated 24th
September, 1991 the Government appears to have allotted an
extent of 477 acres of land in Survey Nos. 36 and 37 of
C Gopanpally village for grant of house sites to Government
employees. This was followed by a notice dated 31st
December, 2004 from the Joint Collector, Ranga Reddy
District, whereunder the writ-petitioners (respondents herein)
were asked to appear on 5th February, 2-005 to show cause
D why the Khasra Phani entries in respect of land comprising
Survey No.36 measuring 460.07 acres and Survey No.37
measuring 424.17 acres situate in the village mentioned above
should not be cancelled. Aggrieved by the Government order
and the show-cause notice Writ Petitions No.21719 of 1997
E and 1731 of 2005 were filed before the High Court which were
disposed of by a learned Single Judge of the High Court of
Andhra Pradesh by his order dated 15th September, 2009. The
High Court was of the view that the entries in the Khasra Pahani
for the year 1954-55 reflected the names of the predecessorsF in-title of the writ-petitioners although according to the
Government the said entries were made fraudulently by the then
Patwari of the village. The High Court further held that since the
entries showing ownership and possession of the writpetitioners had continued unchallenged for nearly 40 years
G before the Government issued G.O.M.s 850 Rev. (Asn.111) Dept.
dated 24th September, 1991 the Government was not justified
in making any allotment in disregard of the same. The High
Court also took the view that the proposed correction of the
alleged fraudulent entries nearly 50 years after the entries were
H first made was also legally impermissible even when the
JT. COLLECTOR RANGA REDDY DIST. v. D.
455
NARSING RAO & ORS. [T.S. THAKUR, J.]
revisional power being invoked to do so did not prescribe any
A
period of limitation. The High Court recorded a finding that the
predecessors-in-title of the writ-petitioners had registered saledeeds in their favour and that the State Government or its
officers had not denied that the writ-petitioners or their
predecessors-in-title had remained in possession of the subject
8
land. The High Court held that exercise of revisional powers,
even where no period of limitation is prescribed, must be within
a reasonable period.
4. Aggrieved by the order passed by the High Court the
appellants preferred Writ Appeals No.273-323 of 2010 which
were also dismissed by a Division Bench of that Court in terms
c
of its order dated 8th June, 2010. The Division Bench relying
upon the decisions of this Court in Santoshkumar Shivgonda
Patil and Anr. v. Balasaheb Tukaram Shevale (2009) 9 SCC
352 and Special Director and Anr. v. Mohd. Ghulam Ghouse
D
and Anr. (2004) 3 SCC 440 held that the proposed correction
of the revenue entries 50 years after the same were made was
not legally permissible. The present appeals assail the
correctness of that view.
5. The writ-petitioners, as noted earlier, claim to have
purchased an extent of 90 acres of land in Survey Nos.36 and
37 from the erstwhile Pattadars recorded in the revenue
records. The present dispute is, therefore, limited to that extent
E
of land only. That being so, if the notice invo1<ing the revisional
F
jurisdiction under Section 166B of A. P. (Telangana Area) Land
Revenue Act has been not assailed by any other effected party,
we should not be understood to be interfering with the same
qua such persons. Having said that the only question which the
High Court has addressed and which has been elaborately dealt
G
with by it in the impugned orders is whether revisional powers
vested in the competent authority under Section 166B of the
Act aforementioned could be invoked 50 years after the alleged
fraudulent entries were made. The contention urged on behalf
of the appellant primarily was that since there is no period of
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[2015] 1 S.C.R.
A
limitation prescribed for invoking the revisional powers under
the provisions mentioned above, there should be no
impediment in the exercise of the same intervening delay
notwithstanding. There is no error much less any perversity in
that view. The legal position is fairly well-settled by a long line
B of decisions of this Court which have laid down that even when
there is no period of limitation prescribed for the exercise of
any power revisional or otherwise ·such power must be
exercised within a reasonable period. This is so even in cases
where allegations of fraud have necessitated the exercise of
c any corrective power. We may briefly refer to some of the
decisions only to bring home the point that the absence of.a
stipulated period of limitation makes little or no difference in
so far as the exercise of the power is concerned which ought
to be permissible only when the power is invoked within a
0
reasonable period.
6. In one of the earlier decisions of this Court in S.B.
Gurbaksh Singh v. Union of India 1976 (2) SCC 181, this
Court held that excercise of suo motu power of revision must
also be within a reasonable time and that any unreasonable
E delay in the exercise may affect the validity. But what would
constitute reasonable time would depend upon the facts of
each case.
7. To the same effect is the decision of this Court in
F lbrahimpatnam 'Taluk Vyavasaya Coolie Sangham V. K.
Suresh Reddy and Ors. (2003) 7 SCC 667 where this Court
held that even in cases of fraud the revisional power must be
exercised within a reasonable period and that several factors
need to be kept in mind while deciding whether relief sooner
G be denied only on the ground of delay. The Court said:
H
"In cases of fraud, this power could be exercised within a
reasonable time from the date of detection or discovery
of fraud. While exercising such power, several factors
need to be kept in mind such as effect on the rights of
JT. COLLECTOR RANGA REDDY DIST. v. D.
457
NARSING RAO & ORS. [T.S. THAKUR, J.]
the third parties over the immovable property due to
A
passage of considerable time, change of hands by
subsequent bona fide transfers, the orders attaining
finality under the provisions of other Acts (such as the
Land Ceiling Act)."
8. To the same effect is the view taken by this Court in
Sulochana Chandrakant Galande. v. Pune Municipal
Transport and Others (2010) 8 SCC 467 where this Court
reiterated the legal position and held that the power to revise
orders and proceedings cannot be exercised arbitrarily and
interminably. This Court observed:
B
c
"The legislature in its wisdom did not fix a time-limit for
exercising the revisional power nor inserted the words "at
any time" in Section 34 of the 1976 Act. It does not mean
that the legislature intended to leave the orders passed
D
under the Act open to variation for an indefinite period
inasmuch as it would have the effect of rendering title of
the holders/allottee(s) permanently precarious and in a
state of perpetual uncertainty.