Smt. Urakanti Kistamma, W/O Late Venkataswamy, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ***** Case No.W.P. No.25257 of 2015 Between:

Smt. Urakanti Kistamma W/o.Late Venkateswamy and another ... Petitioner/Appellant (s) and The State of Andhra Pradesh, rep.by its Principal Secretary (Revenue), Secretariat Buildings, Secretariat,Hyderabad and others ... Respondent (s) DATE OF JUDGMENT PRONOUNCED: 12.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

Yes/No HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.25257 OF 2015 ORDER:

Heard.

The petitioners question the order of the Revenue Divisional Officer, Kurnool - 4th respondent in R.Dis.No.C.820/2014, dated 20.06.2015.

Learned counsel for the petitioners submits that earlier there was an initial round of litigation, which went up to the Joint Collector in a revision and the revision was disposed of by the then Joint Collector under order, dated 07.07.2012, whereby a direction was given to the Tahsildar, Kallur Mandal, to enquire in detail with reference to the link documents duly giving opportunity to all concerned and issue Pattadar Pass Books and Title Deeds to the eligible persons. Thereafter, the Tahsildar appears to have enquired and passed a fresh order, dated 04.02.2014, in favour of the petitioners. Aggrieved thereby, an appeal, as referred above, was filed before the RDO, which came to be allowed through the impugned order, dated 20.06.2015.

However, learned counsel states that there has to be a finality to the litigation and once again he may not relegated to approach the Joint Collector to invoke his revisional jurisdiction and validity of the impugned order can as well be entertained for the sake of finality.

I am unable to sustain such contention as the petitioner has efficacious alternative remedy.

Hence, the petitioners are free to avail the remedy under

Section 9 of the A.P. Rights in Lands and Pattadar Pass Books Act, 1971 and file a revision before the Joint Collector. Though the order of the RDO is stated to have been passed on 20.06.2015, the petitioners state that they were served with the order only on 20.07.2015.

Hence, to enable the petitioners to move the revisional authority and seek appropriate orders, the petitioners are granted two weeks' time to file a revision within which time, they shall obtain further orders from the Joint Collector and for a period of two (2) weeks, the impugned order, if not already given effect to, shall not be given effect to.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous applications, if any, shall stand closed.

______________________ VILAS V. AFZULPURKAR, J August 12, 2015.

Note:

Furnish CC by 17.08.2015.

B/O.

KTL