Udumula Siva Reddy, S/O Venkata Reddy v. The State Of Andhra Pradesh, Rep. By Its
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 8684 of 2015 ORDER:
The petitioner challenges the order dated 30.01.2015 passed by the 3rd respondentRevenue Divisional Officer in exercise of his powers under Section 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'the Act'). The allegation of the petitioner is that the impugned order is on account of the collusion between the 5th respondent and respondents 6 and 7 who are none other than close blood relations of the petitioner. The petitioner states that with respect to the subject land, i.e. Ac.2-10 cents in Survey No.156/A of Nallapadu, Guntur Rural, Guntur district, even the petitioner has a claim and civil suits are pending before the Courts. Setting out all these aspects, the petitioner has filed objections on 17.10.2014 and written arguments on 24.10.2014. It is the grievance of the petitioner that the order under challenge does not make reference to any of the objections raised and they did not deal with the objections specifically raised by him and he was not given an opportunity of hearing inspite of the fact that his objections were taken on record.
2. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am not inclined to entertain the writ petition as there is an effective alternative remedy available to the petitioner under Section 9 of the Act; and the revisional authority can consider the objections of the petitioner, including the aspect of non-consideration of material on record and the revisional authority can also consider the respective entitlements of the parties and give quietus to the very dispute.
3. In that view of the matter, liberty is given to the petitioner to approach the revisional authority by way of filing a revision along with an application seeking stay of the order under challenge, within a period of ten days from the date of receipt of a copy of this order. On such filing, the revisional authority shall take on file the revision and dispose of the stay application or preferably the revision itself, in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of filing of the revision. Till such time orders are passed either in the stay application or the revision, whichever is earlier, there shall be status quo with regard to entries in the revenue records.
4. Accordingly, the writ petition is disposed of. No costs. Miscellaneous petitions, if
any, pending in this writ petition shall stand closed. ________________________ CHALLA KODANDA RAM, J 31st March, 2015 ksm