L. NARASIMHA REDDY, J.

( 1 ) PETITIONERS claim to be the owners of lands in Survey Nos. 34/c, 35/a, 36, 37/a and 38/b admeasuring Acs. 40-20 guntas situated at Kundanpally Village, Keesara mandal, Ranga Reddy District. They have approached the Mandal Revenue Officer (MRO), Keesaragutta, for making necessary entries by way of mutation and for issuance of pattedar pass books in respect of the said lands. Through his proceedings dated 16-7-2000, the M. R. O. had effected mutations in favour of the petitioners in the concerned records and issued pattedar pass books. Aggrieved by the same, respondents 2 to 22 preferred an appeal before the r. D. O. , Hyderabad East-first respondent herein together with an application for grant of interim orders. The first respondent took the appeal on file and passed an interim order dated 30-1-2003 suspending the pattedar passbooks issued by the M. R. O. in favour of the petitioners herein. Petitioners challenge the same.

( 2 ) ACCORDING to the petitioners, pattedar passbooks are issued under Section 6-A of the A. P. Rights in Land and Pattedar Pass books Act, 1971 (for short "the Act") and no appeal is provided against the same. It is also their case that the appeal under subsection (5) of Section 5 of the Act is maintainable only against the making amendment in the record of rights or refusing to make such amendment and not against the action or proceedings granting pattedar passbooks.

( 3 ) IN the counter-affidavit filed by the respondents 2 to 22, they have narrated the entire background of the case and asserted their rights in respect of the said land. They allege fraud and collusion on the part of the petitioners and assert that the order passed by the M. R. O. cannot be sustained on facts or in law. It is also their case that issuance of pattedar passbooks is only a step consequential to making amendments in the record of rights and as such, an appeal is maintainable under sub-section (5) of section 5 of the Act against the order under appeal.

( 4 ) HEARD the learned counsel for petitioner, learned Government Pleader for revenue and learned counsel for respondents 2 to 22.

( 5 ) THOUGH extensive arguments are addressed on merits of the matter, this court is not inclined to deal with the same. The main issue raised before this court is as regards maintainability of the appeal before the first respondent against the orders granting pattedar passbooks in favour of the petitioners herein.

( 6 ) THE Act provides for making and amendment of entries in record of rights in respect of lands on the strength of claims made by individuals from time to time. The act was amended through Act 1 of 1989, by substituting Section 6-A of it. This Section enables the passbook holder, to have entries of alienation etc. , recorded in the same. It is true that no separate provision is enacted for providing appeal against the orders passed or action taken under Section 6-A of the Act. The omission does not appear to be accidental. Issuance of pattedar passbooks or making entries therein is always a step consequential to the amendments or updating of the record of rights provided for under Section 5 of the Act. There is no question of issuance of pattedar passbooks or amending entries made therein, unless corresponding entries are made in the record of rights. While record of rights are maintained by the concerned revenue authorities, pattedar pass book is a document or instrument left with the person in whose favour it is issued. Both of them can be compared to the Balance Sheet maintained by a bank in respect of an account holder, and the passbook issued to him respectively. The entries in both of them are required to be in consonance with each other. One does not have any existence independent of the other. It has also come on record that the proceedings that were challenged before the first respondent were comprehensive in nature, in that; they dealt with amendment of entries in the record of rights and issuance

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