P. Giridhar Naidu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.44007 OF 2018

O R D E R

Aggrieved by the inaction of the 4th respondent - Tahsildar, in issuing pattadar pass books and title deeds in respect of the subject property, petitioner filed appeal before the 3rd respondent - Revenue Divisional Officer, under Section 9 of A.P. Rights in Land and Pattadar Pass Books Act, 1971 in ROR. No.12009 of 2015. As the same is not being disposed of, the present writ petition is filed. Heard the learned counsel for the petitioner. Learned Assistant Government Pleader for Revenue submits that the against the impugned action of the Tahsildar, appeal is maintainable before the Revenue Divisional Officer under Section 5(B) of the said Act, but the petitioner filed appeal under Section 9 of the Act, which is not maintainable, and that under Section 9, revision lies before the District Collector.

Learned counsel for the petitioner submits that inadvertently the petitioner has mentioned the wrong provision of law and, therefore, the appeal filed by the petitioner may be treated as filed under Section 5(B) of the Act, and the competent authority may be directed to dispose of the same.

Having regard to the facts and circumstances of the case, writ petition is disposed of directing the 3rd respondent to dispose of R.O.R. Appeal No.12009 of 2015, filed by the petitioner in accordance with law, after issuing notice and opportunity of hearing to the petitioner and other

effected parties, if any, within a period of three months from the date of receipt of a copy of this order.

Interlocutory applications pending, if any, shall stand closed. No costs.

-------------------------------------------------------- A.RAJASHEKER REDDY,J DATE:05-12-2018 AVS