Vongapally Eshwar , Eswaraiah, v. The Joint Collector,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.12964 of 2005 ORDER:

Heard the learned counsel for petitioners and the learned Government Pleader for Revenue for respondents 1 to 3.

2. The case of the petitioner is that the lands in survey Nos.10/61, 10/AA, 11/A, 12/A, 13/AA and 14/AA, situated at Velishala Village, Nalgonda district are their joint family properties. Their father purchased the said lands from the previous pattadars in the year 1956 under a simple deed. Their father died intestate in the year 1981. While so, they came to know in the year 2003 that the fourth respondent got his name mutated in the revenue records and obtained pattadar passbook in his name in respect of the said lands. It is their case that without issuing any notice to them, the said action was taken by the revenue authorities under the provisions of the Andhra Pradesh Rights in Land and Pattadar Passbook Act, 1971. It is also their case that they filed O.S.No.

70 of 2003 on the file of the Court of Junior Civil Judge, Suryapet for injunction and later on, they withdraw the same in order to file a comprehensive suit. They also state that the first respondent is the revisional authority and they submitted a representation on 27.05.2003 and when no action was taken by the first respondent, the present Writ Petition was filed.

3. Though this Court by order dated 17.06.2012 directed the first respondent to conduct an enquiry on the representation of the petitioner dated 27.05.2013 and restore the entries in revenue records in respect of the above lands, if they are found to be correct, no counter-affidavit is filed on behalf of the first respondent.

4. In the circumstances, the Writ Petition is disposed of giving liberty to the petitioners to pursue their remedies under the provisions of the said Act for correction of entries in the revenue records in respect of the above lands, if

they are aggrieved. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

______________________________ A.RAMALINGESWARA RAO, J Date: 10.04.2015 TJMR