Smt.Devisetty Kusuma v. The Tahsildar,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM Writ Petition Nos.2240 of 2015 & 3444 of 2014 ORDER:

The subject-matter in both the writ petitions is one and the same, and hence, they are disposed of through a common order.

For the sake of convenience, the parties herein are referred to as arrayed in W.P.No.2240 of 2015.

Aggrieved by the order passed by the Revenue Divisional Officer, the 3rd respondent, dated 11-05-2012, cancelling the pattadar pass books and title deeds, the petitioner preferred a revision before the Joint Collector, Nellore, the 2nd respondent, and the same is pending and no orders have been passed so far. In the meanwhile, the 5th respondent, by filing a writ petition before this Court, i.e., W.P.No.3444 of 2014 (2nd writ petition), obtained ex parte orders on 10-03-2014, and under the guise of the said order, the Mandal Revenue Officer, 4th respondent, is taking steps to implement the order of the 3rd respondent.

Learned counsel for the petitioner submits that while passing the order dated 10-03-2014, it was specifically directed to implead the petitioner as a party respondent, and even as on today no steps have been taken by the 5th respondent, with mala fide intention. When the petitioner came to know about the order dated 10-03-2014, he immediately rushed to this Court.

On the other hand, learned counsel for the 5th respondent submits that the 5th respondent's husband was passed away in an accident, and considering the fact that the petitioner had obtained pattadar pass books and got his name mutated in the revenue records, in her absence, by misleading the authorities, she filed an appeal before the 3rd respondent for making necessary corrections in the revenue records. However, 3rd respondent, through his order dated 11-052012 has cancelled the pattadar pass books and title deeds in faour of the petitioner, after conducting enquiry. Further, in the revision filed by the petitioner before the 2nd respondent, no order of stay was granted, and in that view of the matter, no orders need be passed in W.P.No.2240 of 2015, and the parties may be directed to pursue their remedies before the 2nd respondent.

Learned counsel further submits that on 19-122014, necessary changes in the revenue records have been made by the 4th respondent, in favour of his client, the 5th respondent. The revision petition filed by the petitioner is of the year 2012 along with an application for stay. The same cannot be kept pending indefinitely. In that view of the matter, there shall be a direction to the Joint Collector, the 2nd respondent, to hear the parties and pass final orders in the revision, filed by the petitioner, within a period of three months from the date of receipt of a copy of this order. The writ petitions are accordingly disposed of. The miscellaneous petitions filed in the writ petitions shall also stand disposed of. There shall be no order as to costs.

__________________________ CHALLA KODANDA RAM, J.

Dt.20-03-2015.

KO