( 1 ) THE first respondent - Joint Collector in exercise of powers under Section 9 of A. P. Rights in Land and Pattadar Pass Books Act, 1971 (for short the Act ) issued the proceedings bearing Re. No. D2. 2734/99 dated 18-10-2000 (by inadvertence in the writ prayer the date of order is mentioned as 18-1-2000 ). The effect of the impugned order is that the pattadar pass book issued to the petitioner herein exclusively stood cancelled. These proceedings of the joint collector which are quasi-judicial in nature are challenged in this writ petition.

( 2 ) IN a petition for writ of certiorari challenging a quasi-judicial order, demonstrable grave error apparent on the face of the record alone is a ground to nullify the order. The second respondent filed a revision petition under Section 9 of the Act inter alia contending that the Mandal revenue Officer (MRO), Agiripalli and the village Administrative Officer (VAO) of pothavarapupadu Village in collusion with the petitioner herein managed to change the revenue records by placing the name of the petitioner instead of second respondent s name. The first respondent issued a show cause notice dated 18-8-2000. After receiving show cause notice the petitioner appeared before the first respondent and contended that being a cultivating tenant he is entitled for separate pass book and that MRO after conducting enquiry issued a pass book. It transpired before the first respondent that another pass book was issued to the petitioner without cancelling pattadar pass book already issued in favour of second respondent. Holding that such a procedure is contrary to the Rules, the Joint Collector cancelled the pass book issued to the petitioner herein on 10-12-1998.

( 3 ) SRI N. Narasimha Rao, learned counsel for the petitioner raised only one submission. According to the learned counsel Section 6-A of the Act read with rules 26 (3) of A. P. Rights in Land and pattadar Pass Book Rules, 1989 (for short the Rules ) permits authorities to issue separate pass books to pattadars, tenants, mortgagees and occupants of inam lands and therefore the order of the Joint Collector suffered from grave error, in that, the Joint collector misdirected himself in coming to the conclusion that only one pass book can be granted in respect of same land.

( 4 ) SUB-SECTION (1) of Section 6-A of the Act enables owner, pattadar, mortgagee or tenant of any land to apply to the MRO for issue of a pass book and title deed on payment of fee prescribed by the Rules. Subsections (3) and (4) of Section 6-A of the Act empowers the Government to prescribe by rules the manner in which title deed and pass book may be issued to all owners, pattadars, mortgagees or tenants. In exercise of powers under Section 11 (1) of the Act vide G. O. Ms. No. 570 dated 8-6-1989 the governor of Andhra Pradesh has promulgated the Rules. Rule 26 of the Rules deals with preparation of pattadar pass book and title deeds taking village as unit. Sub rule (2) of Rule 26 states that title deed shall be prepared only in respect of pattadar owners which shall have the same evidentiary value with regard to the title for the purpose of creation of equitable mortgage under the provisions of Transfer of Property Act, 1882 as a registered document registered by a Registrar of assurances. Sub-rule (3) of Rule 26 on which strong reliance is placed reads as under: the Pattadar Pass Books shall be given to the owner Pattadars, tenants, mortgagees and occupants of inam lands. The entries in the pass book shall be treated as sufficient evidence to grant loans without insisting on the production of copies of village revenue records, namely: Adangal/pahani and Account No. 4.

( 5 ) THE entries in the pass book shall be treated as evidence to grant loans without insisting on production of copies of village revenue records. This is because sub-rule (2) of Rule 26 by necessary legal fiction clothes the title deed given to pattadar-owner with the same evidentiar