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High Court for State of TelanganaWP/15564/2017dismissed

Maddu Narayana , M.V.Narayana, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2018-04-20S.V.Bhatt4 pages

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.15564 of 2017 ORDER:

Heard Mr.I.Gopala Reddy for petitioners, learned Assistant Government Pleader for Revenue for respondents 1 to 4 and Mr.M.S.R.Srinivas for 5th respondent.

The petitioners claim to be the sons of one Ramaiah and in the instant writ petition, the petitioners assail grant of pattadar pass book and inclusion of name in Adangal/ pahani dated 07.12.2016 in favour of 5th respondent for the land in an extent of Ac .2-35 cents in Sy.No.12/ 3 of Ananthapalli Village, Cumbum Mandal, Prakasam District, as illegal and contrary to the entries maintained in 1-B Certificate, dated 28.09.2015. The issue arises under the A.P.Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Ac t').

This Court in RA TNA M M A Vs.

RDO , DHA RM A VA RA M 1 considered the scope of appeal and/ or revisional jurisdiction of authorities under the Act.

After perusing the record, this Court is of the view that the petitioners ought to work out remedy of appeal, if the pattadar pass book issued in favour of 5th respondent is preceded by a proceeding and if entries maintained in 1-B Register are contrary 1 2015 (6) ALD 609

to the entries already maintained therein, file revision under Section 9 of the Act.

The petitioners, if avail either one of the remedies within eight weeks from the date of receipt of a copy of this order, either the appellate authority or the revisional authority, shall call for the record, afford opportunity to rival claimants as well and pass orders, as expeditiously as possible, preferably within three months from the date of filing appeal/ revision. The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. _____________ S. V. BHATT, J Date: 20-04-2018 Prv

HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.15564 of 2017 20-04-2018 Prv