Pulichinthala Bal Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.36944 of 2017 ORDER:

Heard counsel for petitioners and the Government Pleader for Revenue appearing for respondents 1 to 4. 2.

Petitioners have assailed the orders dt.22.07.2017 passed under Section 9 of the A.P. Rights in Land and Pattadar Passbook Act, 1971 confirming the order dt.18.01.2014 passed by the 3rd respondent.

3.

In both these orders, respondents 2 and 3 have directed the petitioners to approach the Civil Court, since the petitioners allege to be the coparceners of the joint family consisting of persons, who are legal heirs of one Laxmi Narsaiah, and contending that the revenue authorities have only incorporated the name of one of the members of the family i.e, the 5th respondent, who is the daughter in law of one of the coparcener.

4.

Though counsel for petitioner sought to contend that the said orders are not valid in law, since the revenue authorities are not empowered to decide the issue of title to the property, I am of the opinion that the orders passed by the respondents 2 and 4 do not suffer from any error of jurisdiction warranting

interference by this Court under Article 226 of the Constitution of India.

5.

Therefore, this Writ Petition is dismissed granting liberty to the petitioners to approach the competent Civil Court and obtain relief therein. No costs.

6.

Consequently, miscellaneous petitions pending if any shall stand closed.

______________________________ M.S.RAMACHANDRA RAO, J 03rd November, 2017.

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