Mudda Lingamma v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A.RAJASHEKER REDDY WRI T PETI TI ON No. 41655 of 2018 ORDER:

It is the case of the petitioner that she is the absolute owner and possessor of Ac.13-27 cents of land in Survey Nos.2-1 and 2-2 of Basavanahalli village, Amarapuram mandal, Madakasira Taluq, Anantapuram District. It is alleged that the 5th respondent-Tahsildar has issued pattadar passbooks in favour of the 6th respondent for Ac.3-27 cents in Survey No.2-2. On filing an application under the Right to Information Act, the 5th respondent has replied that as per Chitta Kulam No.123 in Survey No.2-2, and extent of A.327 cents, the name of Adla Giriyappa is shown as pattadar and in 1B Khata the name of 6th respondent is shown and 5th respondent asked the petitioner to approach the Sub-Registrar Office for the details of the said land.

The grievance of the petitioner is that after obtaining the information under RTI Act, he filed a Revision petition before the 3rd respondent-Joint Collector under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, seeking cancellation of the pattadar passbook issued to the 6th respondent, but the 3rd respondent has forwarded the Revision petition to the 4th respondentRevenue Divisional Officer for disposal. It is the contention of the petitioner that the 3rd respondent is the only authority competent to dispose of the Revision under the Act, and the 4th respondent-RDO is not vested with such powers under the Act.

Heard the learned counsel for the petitioner, and the learned Assistant Government Pleader for Revenue, State of Andhra Pradesh. The only grievance of the petitioner in this writ petition being nondisposal of the revision petition filed by him before the 3rd respondent-Joint

Collector under Section 9 of the Act impugning the survey orders passed by the 5th respondent-Tahsildar under 8-A No.25/90 dated 27.03.1980, without expressing any opinion on the merits of the writ petition, the 3rd respondentJoint Collector is directed to dispose of the revision petition filed by the petitioner, in accordance with law.

With the above direction, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. _____________________ A. RAJASHEKER REDDY, J 19th November, 2018 KSM

THE HON'BLE SRI JUSTI CE A.RAJASHEKER REDDY WRI T PETI TI ON No. 41655 of 2018 19th November, 2018 KSM