HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY

WRIT PETITION No.18556 of 2016

ORDER:

The writ petition is filed under Article 226 of the Constitution

of India claiming the following relief:

"to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in entertaining an appeal against the issuance of Pattadar Pass Book and Title Deeds through Patta No. 1414 for the land in an extent of Ac.2.72 cents in Sy.No.1592/2, Ac.4.02 cents in Sy.No.1594/2 and Ac.7.58 cents in Sy.No.1595 of C.K.Dinne Village fields, C.K. Dinne Mandal, Y.S.R. District, basing on the report submitted by the respondent No.4 and passing an order through Ref.H.No.846/2015, dated 30.03.2016 ordering cancellation of Pattadar Pass Books and Title Deeds granted in my favour as arbitrary, illegal, without jurisdiction, contrary to the procedure contemplated under the provisions of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and A.P. Rights in Land and Pattadar Pass Book Rules, 1989 and also the settled principles of legal rights guaranteed to me under Articles 14 and 21 of the Constitution of India and consequently set aside the same.."

2. The main grievance of the petitioner is that, the Pattadar Passbook and Title Deed issued in his favour was cancelled by the 3rd respondent without any jurisdiction, exercised power under Section 5(5) of the A.P. Rights in Land and Pattadar Pass Book Act, 1971.

3. The respondents while admitting about passing of the order dated 30.03.2016 by the 3rd respondent, supported the impugned order in all respects.

4. According to the Section 5(5) of the Act, against every order passed by the Mandal Revenue Officer either making an amendment in the record of rights or refusing to make such an amendment, an appeal shall lie to the Revenue Divisional Officer or such authority as may be prescribed, within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final.

5. Section 5(5) of the Act provides an appeal against an order passed by the Mandal Revenue Officer either making an amendment in the record of rights or refusing to make such an amendment. A revision entries in the revenue records to entertain the representation as an appeal under Section 5(5) of the Act, it is an order passed under Section 6-A of the Act, against which a revision lies under Section 9(2) to the Joint Collector, but no appeal is provided. The same is covered by the judgment of the Division Bench of the High Court of Judicature, Telangana and Andhra Pradesh in Ratnamma Vs. Revenue Divisional Officer, Dharmavaram, Anantapur District and others¹ .

6. In view of the law declared by the Division Bench in the judgment referred supra, no appeal lies against the order passed under Section 5-B of the Act, which is a revisable order.

7. Hence, the order passed by the 3rd respondent in Ref.H/846/2015, dated 30.03.2016 is hereby set aside. However, both parties are at

¹ 2015 (6) ALD 609 (DB)

liberty to redress their grievance before competent / appropriate authority, if advised.

8. With the above direction, this writ petition is disposed of. No costs.

As a sequel, interlocutory applications pending, if any, shall stand closed.

M. SATYANARAYANA MURTHY, J

30.03.2022 CHD

HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY

WRIT PETITION No. 18556 of 2016 Date: 30 th March, 2022

CHD