JT. COLLECTOR RANGA REDDY DIST. & ANR. ETC.versusD. NARSING RAO & ORS. ETC. ETC.

                   [2015] 1 S.C.R. 437


  JT. COLLECTOR RANGA REDDY DIST. & ANR. ETC.                  A
                             v.
          D. NARSING RAO & ORS. ETC. ETC.
            (Civil Appeal No. 325-326 of 2015)
                    JANUARY 13, 2015
                                                               B
        [C. NAGAPPAN AND T.S. THAKUR, JJ.]

     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 predecessors-
in-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:
                                                               F
     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'
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  repealed by the A.P. Rights in Land and Pattadar Pass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 1954-
  55 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
                                                             D
    2003 (2) Suppl. SCR 698      referred to    para 8

In the judgment of Thakur 1 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.
    Rajaraman, A. S. Rao, Ram Swarup Sharma, Y. Raja Gopala
0
    Rao, G. N. Reddy for the Respondents.                         '

          The Judgment of the Court were delivered by.

          C. NAGAPPAN, J. 1. Leave granted.
E
        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.]
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                 B
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 sub-
division 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
                                                                       D
 19.12.2003 to the writ petitioners and others stating that on
verification of records i.e. namely Faisal Patti for the year 1953-
54 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
                                                                       E
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       F
 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             G
 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.                              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
  ordered under Section 1668 of Andhra Pradesh (Telangana
0
  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      B
in survey Nos. 36 and 37 of Gopanpally village was owned by
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
                                                                     E
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.

     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        A
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          B
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.
                                                                    c
     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   D
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.                                   E
     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
                                                                    F
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.
                                                                    G
     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,
1966 held as follows :                                              H
    448       SUPREME COURT REPORTS                  [2015] 1 S.C.R.


A         "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
B         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.
c         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
0         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
E         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:

          "17. A bare reading bf Section 21 of the Act would reveal
          that although no period of limitation has been prescribed
G         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
H
    JT. COLLECTOR RANGA REDDY DIST. v. D.                     449
     NARSING RAO & ORS. (C. NAGAPPAN, J.]
    reasonable period would depend upon the nature of the             A
    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         B
    to the purport in terms of the said Act. In any event, the
    same should not exceed the period of five
    years ................ "

     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   D
    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          E
    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
                                                                      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
    450        SUPREME COURT REPORTS                  [2015] 1 S.C.R.


A         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
B         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
c         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 ·
D
          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
E
          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
F         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     A
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          B
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."
                                                                   c
     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         D
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       E
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:
                                                                   F
     "166-8. Revision:-

     (1) Subject to the provisions of the Andhra Pradesh
     (Telangana Area) Board of Revenue Regulation, 1358 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
                                                                   H
    452       SUPREME COURT REPORTS                [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.
                                                                        D
     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.
                                                                        E
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
                                                                        F
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
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           H
    454       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 predecessors-
F   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 writ-
    petitioners 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 sale-
deeds 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
                                                                      c
were also dismissed by a Division Bench of that Court in terms
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.
                                                                      E
      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
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       H
    456       SUPREME COURT REPORTS               [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
  reasonable period.
0
       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:

          "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
H
    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)."
                                                                  B
     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:
                                                                  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. In case, it is assumed that
    the legislature has conferred-an everlasting and              E
    interminable power in point of time, the title over the
    declared surplus land, in the hands of the State!allottee,
    would forever remain virtually insecure. The Court has to
    construe the statutory provision in a way which makes the
    provisions workable, advancing the purpose and object         F
    of enactment of the statute".

    9. In State of H.P. and Ors. v. Rajkumar Brijender Singh
and Ors. (2004) 10 SCC this Court held that in the absence of
any special circumstances a delay of 15 years in suo motu
exercise of revisional power was impermissible as the delay       G
was unduly long and unexplained. This Court observed:

    "We are now left with the second question which was
    raised by the respondents before the High Court, namely,
    the delayed exercise of the power under sub-section (3)       H
    458        SUPREME COURT REPORTS                  [2015] 1 S.C.R.


A         of Section 20. As indicated above, the Financial
          Commissioner exercised the power after 15 years of the
          order of the Collector. It is true that sub-section (3)
          provides that such a power may be exercised at any time
          but this expression does not mean there would be no
B         time-limit or it is in infinity. All that is meant is that such
          powers should be exercised within a reasonable time. No
          fixed period of limitation may be laid but unreasonable
          delay in exercise of the power would tend to undo the
          things which have attained finality. It depends on the facts
c         and circumstances of each case as to what is the
          reasonab1e time within which the power of suo motu
          action could be exercised. For example, in this case, as
          the appeal had been withdrawn but the Financial
          Commissioner had taken upJhe matter in exercise of his
          suo motu power, it could well be open for the State to
D
          submit that the facts and circumstances were such that
          it would be within reasonable time but as we have already
          noted that the order of the Collector which has been
          interfered with was passed in January 19_76 and the
          appeal preferred by the State was also withdrawn
E
          sometime in March 1976. The learned counsel for the
          appellant was not able to point out such other special
          facts and circumstances by reason of which it could be
          said that exercise of suo motu power after 15 years of the
          order interfered with was within a reasonable time. That
F         being the position in our view, the order of the Financial
          Commissioner stands vitiated having been passed after
          a long lapse of 15 years of the order which has been
          interfered with. Therefore, while holding that the Financial
          Commissioner would have power to proceed suo motu
G         in a suitable case even though an appeal preferred before
          the lower appellate authority is withdrawn, maybe, by the
          State. Thus the view taken by the High Court is not
          sustainable. But the order of the Financial Commissioner
          suffers from the vice of the exercise of the power after
H         unreasonable lapse of time and such delayed action on
    JT. COLLECTOR RANGA REDDY DIST. v. D.                  459
      NARSING RAO & ORS. [T.S. THAKUR, J.]
    his part nullifies the order passed by him in exercise of      A
    power under sub-section (3) of Section 20".

     10. We may also refer to the decision of this Court in M/s
Dehri Rohtas Light Railway Company Ltd. V. District Board,
Bhojpur and Ors. (1992) 2 SCC 598 where the Court explained        B
the legal position as under:

    "The rule which says that the Court may not enquire into
    belated and stale claim is not a rule of law but a rule of
    practice based on sound and proper exercise of
    discretion. Each case must depend upon its own facts. It       C
    will all depend on what the breach of the fundamental right
    and the remedy claimed are and how delay arose. The
    principle on which the relief to the party on the grounds
    of /aches or delay is denied is that the rights which have
    accrued to others by reason of the delay in filing the         D
    petition should not be allowed to be disturbed unless
    there is a reasonable explanation for the delay. The real
    test to determine delay in such cases is that the petitioner
    should come to the writ court before a parallel right is
    created and that the lapse of time is not attributable to      E
    any !aches or negligence. The test is not as to physical
    running of time. Where the circumstances justifying the
    conduct exist, the illegality which is manifest cannot be
    sustained on the sole ground of !aches. The decision in
    Ti/okchand case relied on is distinguishable on the facts      F
    of the present case. The levy if based on the net profits
    of the railway undertaking was beyond the authority and
    the illegal nature of the same has been questioned
    though belatedly in the pending proceedings after the
    pronouncement of the High Court in the matter relating         G
    to the subsequent years. That being the case, the claim
    of the appellant cannot be turned down on the sole
    ground of delay. We are of the opinion that the High Court
    was wrong in dismissing the writ petition in limine and
    refusing to grant the relief sought for. We however agree
                                                                   H
    460       SUPREME COURT REPORTS               [2015] 1 S.C.R.


A         that the suit has been rightly dismissed".

        11. To sum up, delayed e;xercise of revisional jurisdiction
  is frowned upon because 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
8
  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.
C Rule of law it is said must run 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 its correction to
D 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.

        12. In the case at hand, while the entry sought to be
E 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 jurisdictional fact, which
  ought to be clearly asserted in the notice issued to the
F 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. At any rate,
  when the Government allowed the land in question for housing
  sites to be given to Government employees in the year 1991,
G it must be presumed to have known about the record and the
  revenue entries concerning the parcel of land made in the
  ordinary 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
H
     JT. COLLECTOR RANGA REDDY DIST. v. D.                   461
       NARSING RAO & ORS. [T.S. THAKUR, J.]
the year 1991. Judged from any angle the notice seeking to           A
reverse the entries made half a century ago, was clearly beyond
reasonable time and was rightly quashed.

      13. Having said that we must make it clear that we have
not gone into the correctness of the alleged fraudulent entry nor    8
have we expressed any opinion whether, the quashing of the
notice dated 21st December, 2004 wou1<;1-prevent the State
from taking such other steps as may be permissible under any
provision of law. The High Court has, as ·a matter of fact, made
it clear that the State Government shall be free to take any other   C
steps or proceedings in accordance with law qua the land in
question. That liberty should suffice for we have examined the
matter only from the narrow angle whether the Khasra Phani
entry of 1954-55 could be corrected at this belated stage in
exercise of the revisional powers vested in the competent
authority under Section 166-B of the A.P. (Telangana Area)           D
Land Revenue Act. That question having been answered in the
negative these appeals must fail and are hereby dismissed
leaving the parties to bear their own costs.
Kalpana K. Tripathy                             Appeals dismissed.