9911796707
TMI Blog2003 (8) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... e vendees. Parties to the sale deeds filed applications under Section 50-B of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950 (for short `the Act`) for validation of sales. Concerned Tahsildar issued validation certificates on various dates. Orders of Tahsildar issuing validation certificates were challenged in appeals filed by Special Tahsildar and Authorised Officer (Land Reforms) before the Joint Collector of the District but those appeals were dismissed in 1988. Thereafter, the Joint Collector issued show-cause notices purporting to exercise suo- motu power under sub-section (4) of Section 50-B of the Act to the vendors and the vendees to show cause as to why validation certificates issued in 1974 or earlier should not be cancelled. After considering the objections filed in response to the show cause notices, Joint Collector of Rangareddy District set aside the validation certificates in 1989. Challenging these orders of Joint Collector, some of the parties filed revision petitions and some of them filed writ petitions before the High Court. Learned Single Judge of the High Court, after hearing the parties, allowed the revision petitions as well as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 961 and where possession of such land was given to the alienee or tranferee before such date of coming into force; and (b) on or after the coming into force of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961, but before the date of the commencement of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Third Amendment) Act, 1969 and where possession of such land was given to the alienee or transferee before such commencement and such alienation or transfer is not inconsistent with the provisions of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961; the alienee or transferee may, within such period as may be prescribed, apply to the Tahsildar for a certificate declaring that such alienation or transfer is valid. (2) On receipt of such application, the Tahsildar shall after making such enquiry as may be prescribed and after satisfying himself that the consideration, if any, payable to the alienor or the transferor has been paid or has been deposited within such time and in such manner as may be prescribed, require the alienee or the transferee to deposit in the office of the Tahsildar an amount equal to the registration fees and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the said Section shall be null and void. Section 50-B was inserted in the Act by A.P. (Telangana Area) Tenancy and Agricultural Lands (Amendment) Act, 1964 (Act VI of 1964). In Section 50-B, there were three sub-sections. Under Section 50-B(1) notwithstanding anything contained in Chapter V of the Act where any alienation or other transfer of agricultural land took place on or after 10.6.1950, but before 21.2.1961, and where possession of such land was given to the alinee or transferee before 21.2.1961, he may, within one year from such date as may be prescribed apply to the Tahsildar for a certificate declaring that such alienation or transfer is valid. This period was extended further from time to time. The Statement of Objects and Reasons given in the Bill leading to Act No. VI of 1964 reads: STATEMENT OF OBJECTS AND REASONS Section 47 of the Andhra Pradesh (Telangana Areaa) Tenancy and Agricultural Lands Act, 1950, which is in force in the Telangana Area of this State as it stood prior to its amendment by the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands (Amendment) Act, 1959, provided that no permanent alienation or other transfer of agricultural lan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in that section are fulfilled. The government have therefore decided that alienations or other transfers of agricultural land that took place on or after the 10th June, 1950, (the date on which the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, came into force), but before the 21st February 1961, without obtaining the previous sanction of the Collector or the Tahsildar as required under sub-section (1) of section 47 of the said Act, should be validated by the issue of a certificate by the Tahsildar on an application filed before him within one year from the date of coming into effect of the proposed legislation, if possession of such land was given to the alienee or transferee before the 21st February 1961 and if the alienee or the transferee deposits in the office of the Tahsildar 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. It is also proposed to provide that the Tahsildar shall also satisfy himself before the issue of the certificate that the alienee has paid the consideration, if any, payable to the alienor or has deposited the same wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders passed thereon have attained finality. According to the learned counsel, under these circumstances, no fault can be found with the impugned order of the Division Bench of the High Court affirming the order passed by the learned Single Judge. It is evident from the order of the learned Single Judge that the appellants did not urge that exercise of suo-motu power was justified on account of the fraud committed by the non- official respondents in obtaining the validation certificates and that the power was exercised within reasonable period from date of detection or discovery of fraud. In the light of the contentions made on behalf of the parties the learned Single Judge raised the following two questions for consideration: - (1) Whether exercise of suo-motu power under sub-section 4 of Section 50B of the Act has to be within the reasonable period under the said provision, it can be exercised at any time. (2) Whether the order of the Joint Collector canceling the validation certificates, is correct in law. Even before the Division Bench of the High Court in the writ appeals, the appellants did not contend that the suo-motu power could be exercised even after long de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. This Court in a recent decision in D.Saibaba vs. Bar Council of India Anr. [(2003) 6 SCC 186], after referring and quoting passages from Justice G.P.Singh's Principles of Statutory Interpretation observed that Reading word for word and assigning a literal meaning to Section 48-AA would lead to absurdity, futility and to such consequences as Parliament could have never intended. The provision has an ambiguity and is capable of being re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in practice the requirements of Sections 47, 48 and 49 of the Act had not been followed and alienations and transfers had been effected on a considerable scale without the previous permission of the Collector, by means of oral agreement, unregistered documents, etc. The Government, in the year 1953 undertook land census operations throughout the erstwhile State of Hyderabad. On the basis of the census the names of the persons in actual possession of lands were entered without reference to their lawful title thereto. Preparation of the record on the basis of the census created a mistaken impression in the public that the Government recognized the sales that had taken place in contravention of the relevant statutes. Therefore, instructions were issued on 14.5.1957 that the Subordinate Revenue Officers might take suo- motu action to omit from the records the names of persons, who had already been recorded therein as occupants but whose possession was not lawful. Consequently representations had been received that the implementation of those instructions would result in great hardship, particularly, as the lands in many cases were sold by the landlords to tenants, in view of the curr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al. Admittedly the application was made within the extended time. The transaction of sale which was validated, was entered into in 1965 and pursuant to it possession was also given in 1965, as such validation certificate cannot be held to be bad in law. For these reasons the orders questioned in the C.R.Ps and the W.Ps cannot be sustained even on merits. The Division Bench of the High Court in the impugned order dealing with the second question set out in the order of the learned Single Judge, while confirming the finding observed, thus: - So far as the second question is concerned, there is also no scope for interference. Admittedly, the time for filing the applications stood extended till March, 1972 and the applications for validation certificates were made prior to that. It is urged before us that the Joint Collector in his order found the alienations to have been made to defeat the provisions of the Ceiling Act, 1973. The submission is that acceptable since the requirement of Section 50B is that the alienations, to justify cancellation of the validation certificates, must have been made inconsistent with the provisions of the Ceiling Act, 1961. The transactions of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eclarations before the Ceiling authorities under the Land Ceiling Act, 1973 showing the lands in question as their holdings and the orders were passed on such declarations; unsettling such position may mean even reopening the ceiling proceedings, which have become final long back. The Division Bench of the High Court in this regard in the impugned order has observed that Exercise of such power after 14 to 15 years is ipso facto unreasonable. There is absolute no explanation before us as to why though Section 50B was amended in the year 1979, the Joint Collector waited till 1989 to invoke the power. Every man has the legitimate expectation of regarding a set of things, or facts which have continued over a period of time, to have become settled so that he can plan his future course of action on the basis of such acceptable situation. Unsettling such facts after long delay upsets not only his entire programme but also affects in the long run the society itself. Even in the present case, the respondents have taken the stand that they filed returns before the ceiling authorities under the Ceiling Act, 1973, showing these lands as their holdings and that such plea had been upheld. Unset ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved respondents. Civil Appeal No. of 2003 (@ S.L.P. (Civil) No. 16875 of 1996) Leave granted. The order passed in Civil Appeal Nos. 10787-10795 of 1996 governs this case also. Hence no separate order is needed to be passed in this case. Accordingly it is disposed of. No costs. Civil Appeal Nos. 1891 and 1892 of 1998 These two appeals are directed against the common order passed by the High Court in two Civil Revision Petitions No. 2722 and 2935 of 1991, one filed by the vendor and the other filed by the vendee. The facts of these cases also are similar to the facts broadly set out in Civil Appeal Nos. 10787-10795 of 1996. Unlike in the other appeals, in these appeals the revision petitions filed by the vendors and vendees of the lands in question were dismissed by the High Court affirming the order passed by the Joint Collector exercising the suo-motu power under Section 50-B(4) of the Act. In the order under challenge, learned Single Judge of the High Court, setting out the facts and contentions in sufficient details, held that the order passed by the Joint Collector against these appellants was valid and justified. On the question of exercise of suo-motu power within th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
