Iqbal Karan S/O Late, Mahaboob Karan v. The Joint Collector, Rangareddy District,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.12614 of 2005 ORDER:

Heard the learned counsel for petitioners, and the learned Government Pleader for Revenue.

2.

This Writ Petition is filed to quash the order dated 02.04.2005 passed by the first respondent rejecting the request of the petitioners to enter the petitioners' names in the revenue records in respect of the property situated in Survey No.613 of Nadergul village, Saroornagar Mandal, R.R. District.

3.

The learned counsel for petitioners submits that the said application was filed under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971.

4. A perusal of the order shows that earlier, on the petition filed under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, it was advised that the petitioners cannot file petition in such manner. Thereafter, the learned counsel for petitioners submitted another petition showing the Mandal Revenue Officer, Saroornagar Mandal and the Joint Collector, Ranga Reddy District as respondents. However, the said petition was entertained on 02.04.2005 and was treated as revision preferred by the petitioners. It was stated that after long lapse of 50 years virtually unsettling the settled rights of the parties, the petition cannot be entertained and accordingly declined to interfere with the entries made in record of rights. The first respondent herein rejected the explanation offered by the petitioners that they recently came to know about the entries in the revenue records.

5. In the circumstances, this Court is of the opinion that the view expressed by the Joint Collector basing on the decisions of the Supreme Court in State of Gujarat Vs. Patel Raghav Natha[1] and Jai Mangal Vs. Mira Naik (Smt)[2] is perfectly valid and correct. However, the petitioners are entitled for any claim for correction of entries. The orders of the Joint Collector dated 02.04.2005 will not prevent the petitioners from taking appropriate steps in accordance with law.

6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in the Writ Petition shall stand closed.

______________________________ A.RAMALINGESWARA RAO, J Date: 16.02.2015 MVA THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

WRIT PETITION No.12614 of 2005 Date: 16.02.2015 MVA [1] AIR 1969 SC 1297 [2] 2000 (5) SCC 141