Gandham Nagaraju v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.41215 of 2018 ORDER :

The grievance of the petitioner is that against the orders passed by the Revenue Divisional Officer, dated 22.10.2018 in Proceedings D.Dis.No.512/2018/B, petitioner filed revision before the 3rd respondent/Joint Collector under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 along with stay petition. As the same is not being disposed of, the present writ petition is filed. Heard learned counsel for petitioner and the learned Assistant Government Pleader for Revenue.

Learned counsel for petitioner submits that even as on today, petitioner's name is entered in revenue records, but since the revisional authority has not passed any orders in the stay petition, the respondents are proceeding to implement the impugned order. Learned counsel appearing for respondent Nos.7 and 8 submits that the petitioner's claim can only be restricted to 1.16 acres as per judgment in O.S.No.46 of 1980, but his name is wrongly entered in revenue records in respect of 8.50 acres, and stating so, the Tahsildar has sent a report to the Revenue Divisional Officer in Rc.No.342/2015/A, dated 30.09.2015.

In this case, it is to be seen that the Statutory revision is already pending before the 3rd respondent and the petitioner claims that his name is in revenue records to an extent of 8.50 acres, but the unofficial respondents dispute the petitioner's entitlement to such extent. Since the stay petition and revision are pending before the revisional authority, it is

for the revisional authority to dispose of the same. This Court already ARR, J W.P.No.41215 of 2018 granted interim order on 15.11.2018, directing to maintain status quo regarding entries in the revenue records with regard to the subject lands. In view of the above, without expressing any opinion on the merits of the matter, I deem it is appropriate to direct the 3rd respondent to dispose of the stay application filed along with the revision on merits, in accordance with law, after hearing both the parties, within a period of two weeks from the date of receipt of a copy of this order, without being influenced by any of the observations made in this order. Till the disposal of stay application, status quo regarding entries in the revenue records with regard to the subject lands shall be maintained. With the above directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. __________________________ A. RAJASHEKER REDDY, J 27th November, 2018 ajr