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A.V. Papayya Sastry & Ors vs Government Of A.P. & Ors on 7 March, 2007

[See A.V. Papayya Sastry and others v. Government of A.P and others {(2007) 4 SCC 221}]. No doubt merely on the ground that there is long lapse of time, the plea of fraud cannot be utilized as an engine of oppression by dishonest and fraudulent litigants but in the case on hand as already noted, there was no foundation for the contentions based on fraud and deceit and the record does not disclose even remotely that fraud was played or deceit was practiced in the year 1969 by the petitioner/the original assignee of the land in Sy.No.380/1A and the other assignee, Subbarayudu, in obtaining the assignments in respect of Sy.No.380/1B. The order, dated 26.06.2010, of the 3rd respondent in Rc.B.No.1166/2010 on a perusal reflects that the Tahasildar reported that sub division no.380/1A and 380/1B are assigned lands and the sub division no.380/2 is a patta land and that as per copy of Register Holding (RH) issued by the Joint Registrar, Chavva Sharaba Reddy is holding an extent of Ac.2.57 cents in sub division 380/2 and that Chavva Sharaba Reddy, legal heir of the RSR pattedar is trying to interfere with the peaceful enjoyment of the land of the assignees and creating problems over the land. The said order of the RDO also further reflects that as seen from the Tahasildar's report and copies of connected records and record of enquiry, it is observed that an extent of Ac.6.56 cents in Sy.No.380 of Bukkapuram is classified as patta land as per printed RSR and subsequently the land was subdivided as viz., 380/1A - Ac.2.03 cents; 380/1B Ac.1.96 cents; and, 380/2 - Ac.2.57 cents and that sub division entries are made in printed RSR and affected in adangal and lands in subdivision nos.380/1A and 380/1B are assigned to the beneficiaries and subdivision no.380/2 remained as patta land and that the entries of assignment are noted in the RSR and adangal and hence, it is clear that the subdivision nos.380/1A 15 MSRM, J WP.No.29174 _2014 and 380/1B are assigned lands and Sub division no.380/2 is patta land. Therefore, the RDO in the said orders directed the Tahasildar to take further action treating the sub division no.380/1A and 380/1B of Bukkapuram village as assigned lands and the sub division no.380/2 as patta land and requested the Tahasildar to take action for incorporation of changes in mandal and village accounts.
Supreme Court of India Cites 19 - Cited by 629 - C K Thakker - Full Document
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