S. B. SINHA, C. J.

( 1 ) THE question, which arises for consideration, in this writ appeal is as to whether a Pattedar Passbook and Record of rights Passbook can be issued during the pendency of a proceeding under the Urban land (Ceiling and Regulation) Act, 1976 (for short "1976 Act" ). FACTS;

( 2 ) THE facts of the matter, in brief, are that the respondent No. 1 herein had purchased Ac. 7-00 and Ac. 11-00 of lands in Survey Nos. 54 and 56 respectively situated at Hafizpet village from respondents 5 to 7 and one Veeraiah under two registered sale deeds dated 6-4-1966 and 22-5-1967. Respondent No. 7 filed a suit in O. S. No. 579 of 1989 in the Court of I Additional subordinate Judge, Rangareddy for partition and injunction. Respondent No. l herein impleaded himself as defendant No. 5 in the said suit and the said suit was dismissed. Thereafter, respondent No. 1 filed a suit in o. S. No. l of 1990 in the Court of District munsif, West and South, Rangareddy for injunction against respondents 5 to 7 and the said suit was decreed on 8-12-1997. A pattedar pass book was issued to respondent no. l to the effect that the aforementioned lands were purchased by him and his name was recorded in the pahanies for the year 1989-90 pursuant to the mutation proceedings issued in 1982.

( 3 ) RESPONDENT No. 1 filed an application with respondent No. 4 under Section 4 of the andhra Pradesh Record of Rights in Lands and Pattedar Passbooks (Amendment) Act, 1989. After enquiry, an order on the said application was passed on 30-4-1992 by respondent No. 4. An appeal preferred thereagainst was dismissed by respondent no. 3 by an Order dated 8-9-1993. Against the said order, a revision was filed before the second respondent in the year 1996, which was also dismissed by an order dated 18-10-1997. On coming to know of issuance of Pattedar passbooks during the pendency of injunction suit before the Civil Court, respondent No. 1 filed the writ petition praying for the following relief:". . . . . . TO pass appropriate writ, order or direction particularly writ of mandamus declaring action of the respondent 4 in issuing pattedar pass books and ROR pass books in favour of respondents 5 to 7 bearing Nos. Z 183839 (patta No. 8), Z 183840 (patta no. 11), Z 183834 (patta No. 4), Z 235154 (ROR passbok-pattano. 11) and Z 235153 (ROR pass book-patta no. 8) as without jurisdiction, contrary to law, illegal and cancel the same and consequently direct the respondents 1 to 4 herein to issue pattadar pass books and ROR pass books in favour of the petitioner in respect of land admeasuring 7 Acres in Sy. No. 54 (New Sy. No. 54/2) and 11 Acres in sy. No. 56 (New Sy. No. 56/1) situated at Hafeezpet village, Serilingampally mandal, Ranga Reddy District, by implementing orders bearing no. C/47/90, dt. 30-4-1992 passed by the respondent No. 4 herein, confirmed in appeal No. C/4700/92, dt. 8-9-1993 passed by respondent No. 3 herein. "

( 4 ) THE learned Single Judge allowed the writ petition as prayed for questioning the same the present appeal has been filed. SUBMISSIONS:

( 5 ) LEARNED Government Pleader for revenue appearing on behalf of the appellants would submit that having regard to the different provisions contained in the andhra Pradesh Record of Rights and pattedar Passbooks Act, 1971 (for short "1971 Act") and Rule 9 of the Andhra pradesh Record of Rights in Lands and pattedar Passbooks Rules, 1989 (for short "1989 Rules"), no such direction could have been issued.

( 6 ) MR. J. Prabhakar, the learned Counsel appearing on behalf of the respondent No. 1 writ petitioner, on the other hand, contends that it is not a case where there is a change in the registry, but in this case the writ petitioner-respondent No. 1 had only asked for implementation of the order passed by the authorities themselves. It was submitted that the appellants themselves inserted the names of some persons in the record of rights without giving respondent an opportunity of hearing and in that view of the

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