Smt.Sake Musalamma v. The State Of A.P

THE HON'BLE SRI JUSTICE S.V.BHATT W.P. No.17059 of 2018 ORDER:

Heard Mr.S.D.Gowd for petitioners and the Assistant Government Pleader (Revenue) for respondents 1 to 3.

The petitioners challenge grant of pattadar pass book in favour of 4th respondent in the present writ petition.

The Assistant Government Pleader (Revenue) submits that the petitioners have to work out the grievance either in appeal or revision under the A.P.Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act') as held by this Court in Ratnamma v. RDO1 and Kuruva Hanumanthamma v. Principal Secretary, Revenue Department, Hyderabad And Another2 .

After perusing the prayer and the averments in the affidavit, this Court is of the view that pattadar pass book if is issued, pursuant to proceedings issued by the Tahsildar, the remedy of appeal is available. On the 1 2015 (6) ALD 609 2 2018 (1) ALD 290

other hand, if the pattadar pass book is merely issued without mutation order or correction of 1-B Register, the remedy of revision is available under Section 9 of the Act.

By giving liberty to pursue one or the other remedies as is available in the fact situation of the case, the writ petition is dismissed.

If appeal or revision is filed as permitted by this Court, the same is expeditiously heard and disposed of in accordance with law, preferably within three months from the date of receipt of appeal/revision. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed.

_______________ S. V. BHATT, J Dt: 04.06.2018 dv