Thoti Chowdappa v. The State Of Andhra Pradesh, Rep. By Its Secretary,

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.3089 OF 2016 ORDER:

Heard learned counsel for the petitioner and learned Government for Revenue.

The petitioner questions the issuance of pattadar passbooks and title deeds for Patta Nos.594, 393 and 910 in favour of respondents 5 to 7 and also incorporation of their names in 1-B Register in respect of Karasanapalli Village, Peddapanjani Mandal, Chittoor District. The petitioner alleges that his claim is overlooked and pattadar passbooks and title deeds were issued in favour of respondents 5 to 7. The petitioner further alleges that the appeal against the said order being held not maintainable as per the decision of the Division Bench of this Court in Ratnamma v. Revenue Divisional Officer, Anantapur, he has filed the present Writ Petition.

However, the relief as prayed for in this Writ Petition necessarily involves determination of factual position and though the appeal is not maintainable, still the petitioner has a remedy of revision under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, which is very wide and the revisional authority can call for a report and necessary record from the Tahsildar, Peddapanjani Mandal, Chittoor District, the 4th respondent, and redress the grievance of the petitioner. The Writ Petition is accordingly disposed of giving liberty to the petitioner to approach the revisional authority in accordance with law. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 03.02.2016 KH