Smt.Gopisetty Kondamma W/O Late Pedda Sanyasi v. State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.36735 of 2015 BETWEEN Smt. Gopisetty Kondamma.

... PETITIONER AND State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. ...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 19.11.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioner questions grant of pattadar passbook and title deeds to the fifth respondent by the Tahsildar, Kothavalasa by filing an application before the Tahsildar. Petitioner also is stated to have filed an appeal before the Revenue Divisional Officer and a representation before the Joint Collector dated 05.11.2015. Alleging that no action is taken, the present writ petition is filed.

2. However, as per the legal position, the Tahsildar, who is the recording authority and who grants pattadar pass books and title deeds, has no power to review and if the petitioner is aggrieved, he has to approach the higher revenue authorities under the A.P. Rights in Land and Pattadar Passbooks Act, 1971. Since appeal against the said orders held to be not maintainable as per the latest decision of a Division Bench of this Court in RATNAMMA [1] v. THE REVENUE DIVISIONAL OFFICER it is open for the petitioner to move the revisional authority, if the same is permissible under law. Mere representation before the Joint Collector cannot be treated as equivalent to a revision.

Hence, the writ petition is disposed of with liberty to the petitioner to take such appropriate proceedings as permissible under law. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J November 19, 2015 DSK [1] 2015 (5) ALT 228