2006 Supreme(AP) 1462
V.V.S.RAO
Thota Narasinga Rao – Appellant
Versus
State Of A. P. – Respondent
ORDER :-The petitioner claims to be the owner of land admeasuring Acs.5.10 in Survey Nos.45/2 and 45/3 situated at Nerellavalasa Village of Bheemunipatnam Mandal of Visakhapatnam District (subject land, for brevity). He is statedly continuously in possession for over fifty years. In 1995, the third respondent issued Pattadar Pass Book and Title Deed (PPB/TD), vide proceedings, dated 1.5.1995. He states that in July, 2006, he came to know that the PPB/TO issued in 1995 was ordered to be cancelled. On further enquiry, it was revealed to him that third respondent, by letter, dated 18.2.2006, submitted a report and recommended to the second respondent to cancel PPB/TO. As a sequence thereto, the second respondent entertained suo motu appeal purportedly under sub-section (5) of Section 5 of A.P. Rights in Land and Pattadar Pass Books Act, 1971 (the Act, for brevity) and passed orders vide Proceedings No.Ac.6/926/2006/C, dated 20.4.2006, cancelling PPB/TO issued to the petitioner in respect of the subject land. Aggrieved by this, the present writ petition is filed.
2. It is the main contention of the petitioner that the second respondent lacks suo motu power of appeal against the proceedi
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