Andhra Pradesh High Court - Amravati
A.Deva Prasad vs The State Of Andhra Pradesh on 9 March, 2023
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No. 17726 of 2021
ORDER:
The present Writ Petition is filed under Article 226 of
Constitution of India for the following relief/s:
"...to issue a writ, an order or direction, one in the nature
of Writ of Ceritiorari by calling for the records pertaining
to the order dt.2.8.2021 passed by the 3rd respondent vide
Appeal no G/311 of 2020 for the land situated in
Sy.No.240/3 of Aranya Kandriga Village of
Narayanavanam Mandal, Chittoor District to an extent of
0.50 cents by directing the 4th Respondent to issue E-
Passbook to the 5th Respondent that to after 25 years even
without there being any application for condoning delay
and in totally violation of the order passed by the Hon'ble
High Court in court in W.P.No.21689 of 1999 in between
Rathnamma Versus The Revenue Divisional Officer,
Dharmavaram, Ananthapur District and others reported
in 2015 (6) ALD Page 609 Divisional Bench case even
though it was brought to the notice to the 3rd respondent
that the 3rd respondent has no power to cancel the
pattadar pass books, as being illegal and arbitrary and
violative of principles of natural justice and contrary to
the provisions of A.P. Rights in land and pattadar
passbooks act, 1971 and the rules made there under
apart from violation of Articles 14, 19, 21 and 300-A of
the constitution of India and set aside the same and
consequently direct the 3rd and 4th Respondents to restore
the revenue entries both manually and also in online
revenue web portal in the name of the petitioners in
respect of the lands to an extent of Ac.0.23 cents out of an
extent of Ac.070 cents in Sy.No.240-3 sub divided as
Sy.No.240/3B stands in the name of 1st Petitioner and to
an extent of Ac.0.23 cents out of an extent of Ac.070 cents
in Sy.No.240-3 sub divided as Sy.No.240/3A stands in
the name of 2nd Petitioner belonging to the writ ".
2. The 4th respondent Tahsildar has issued pattadar pass
books in favour of the petitioners herein. Aggrieved by the
said issuance of pattadar pass books in favour of the
petitioners, the 5th respondent herein filed an appeal before
the Revenue Divisional Officer vide D.Dis No.G/311/2020.
The Revenue Divisional Officer has allowed the appeal and
remanded back to the Tahsildar to conduct a Denovo Enquiry
by an order dated 02.08.2021.
3. Aggrieved by the said order, the present Writ Petition
came to be filed on the ground that the RDO is not the
competent authority to adjudicate upon the matter when
Pattadar Pass Books were issued by the Tahsildar, if at all the
respondent aggrieved he has to file a revision before the Sub-
Collector under Section 9 of the A.P. Rights in Land and
Pattadar Pass Books Act, 1971. It is also contention of the
petitioners that the said pattadar pass books were issue long
back and the appeal was filed after lapse of 30 years by the
5th respondent herein. Even assuming that appeal is
maintainable before the RDO, he was not filed any
application for condonation of delay. Hence, it is prayed to
set aside the order dated 02.08.2021 of the Revenue
Divisional Officer, who is arrayed as 3rd respondent herein.
4. Per contra, learned counsel for the 5th respondent
would contend by way of filing counter affidavit that without
giving any opportunity to the 5th respondent herein, the
Tahsildar has unilaterally granted Pass Books in favour of the
petitioners herein. Hence, the order of the Revenue
Divisional Officer is in accordance with law and requires no
interference. Hence, prayed to dismiss the writ petition. And
relied on the judgment for the said proposition it was
reported in Vellanki Venka Subrahmanyam v. Government of
Andhra Pradesh, Rep. by its District Collector and others 1.
5. These are all disputed facts and in view of the judgment
of Division Bench of composite High Court in Ratnamma v.
the Revenue Divisional Officer, Dharmavaram in W.P.
(2016) 6 ALD 324
No.21689 of 1999, the Division Bench has held against the
issuance of the Pattadar Pass Books, a revision is
maintainable under Section 9 of the AP Rights in Lands and
Pattadar Pass Books Act, 1971 and no appeal is
maintainable. In view of the said order, the order impugned is
liable to be set aside and accordingly it is set aside on this
ground and also as well as the appeal was filed after long
lapse of 30 years approximately without filing any application
for condonation of delay.
6. For the above said reasons, the Writ Petition is allowed
and the Order impugned is hereby set aside and the 5th
respondent is directed to file revision before the Sub-Collector
under Section 9 of the AP Rights in Lands and Pattadar Pass
Books Act, 1971, till the such disposal of the revision by the
Joint Collector/Sub-Collector, the 4th respondent shall
maintain statusquo in all aspects with regard to pattadar
pass books Act.
As a sequel, connected miscellaneous petition if any,
shall stand closed. There shall be no order as to costs.
________________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 09.03.2023
Harin
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
W.P.No. 17726 OF 2021
Date: 09-03-2023
Harin
