M. Balakrishna v. State Of Ap

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.5831 of 2018 ORDER:

The petitioner challenges the order of the 4th respondent in Rc.No.219/2017(A), dated 15-05-2017, wherein the 4th respondent recommended for cancellation of pattadar passbooks issued in favour of the petitioners in respect of subject lands, and consequential notice in ROR Appeal No.1/2017, dated 30-01-2018 issued by the 3rd respondent Learned counsel for the petitioners submits that the 3rd respondent has no power to entertain the appeal filed by the unofficial respondents and call for the report from the 4th respondent and the 4th respondent has no power to submit the report basing on the directions of the 3rd respondent that too deciding the title dispute. He relies on the judgment of Ratnamma v. Revenue Divisional Officer, Dharmavaram (2015 (6) ALD 609) (DB).

Heard Sri N.Subba Rao, learned counsel for the 5th and 6th respondents and learned Assistant Government Pleader for Revenue.

In view of the law laid down in Ratnamma's case stated supra, the 3rd respondent has no jurisdiction entertain the appeal filed by the unofficial respondents.

In view of the same, writ petition is allowed and the impugned order is set aside. However, it is open for the 5th and 6th respondents to avail alternative remedy of revision under Section 9 of A.P.Rights in Land and Pattadar Passbooks Act.

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 29-10-2018 Note:

Issue CC in one week.

B/o.

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