Syed Mohd. Shabbir Hussaini v. State Of A.P.

HONOURABLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.10522 OF 2007 ORDER:

The writ petition is filed seeking to declare the order dated 10.05.2007, passed by the 2nd respondent-Joint Collector in Revision Case No.D5/1438/07, whereby the 2nd respondent dismissed the revision petition filed by the petitioners under Section 9 of the A.P Rights in Land and Pattadar Pass Books Act, 1971 (for short, "the Act"), seeking rectification of the entries in the pahanies from the year 1991-92 onwards in respect of the land situated in Sy.Nos.289, 290, 292, 295, 297 to 300, 321, 366, 426, 659 to 660 of Adityanagar (Adibatla Village), Ibrahimpatnam Mandal, Ranga Reddy District, as illegal and arbitrary. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for the Revenue and the learned counsel for the 4th respondent.

As seen from the order dated 10.05.2007, passed by the 2nd respondent-Joint Collector in Revision Case No.D5/1438/07, it is clear that in the year 2007, the petitioners sought for rectification of the entries in the Record of Rights from the year 1991-92. The Joint Collector rejected the said revision on the ground that the revision is barred by limitation and it is not maintainable as the petitioners filed the revision petition in the year 2007 seeking rectification of entries from the year 1991-92. However, the Joint Collector further observed that if the petitioners are aggrieved as to any rights of which they are in possession by an entry made in any record of rights, they may institute a suit against any person

denying or interested to deny the title to such right for declaration of their right under Chapter VI of the Specific Relief Act, 1963 and in accordance with Section 8(2) of the Act.

Today, when the matter came up for hearing, learned counsel for the petitioners submits that the writ petition may be disposed of giving liberty to the petitioners to avail the alternative remedies available under law.

In view of the facts and circumstances stated above, the writ petition is disposed of giving liberty to the petitioners to avail the alternative remedies, which are available to them under law. With the above observation, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions pending if any, shall stand closed. _________________________________ KONGARA VIJAYA LAKSHMI, J Dated:03/08/2018 Gk

HONOURABLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No.10522 OF 2007 Date:03/08/2018 Gk