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1 - 4 of 4 (1.71 seconds)Ibrahimpatnam Taluk Vyavasaya Collie ... vs K.Suresh Reddy & Ors on 19 August, 2003
In the decision in Ibrahimpatnam Taluk Vyavasaya Coolie Sangham
[supra], dealing with the aspect of fraud the Supreme Court held as follows: -
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.
Article 226 in Constitution of India [Constitution]
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