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2013 Supreme(AP) 762

High Court of Andhra Pradesh
C.V. NAGARJUNA REDDY, J.
Basireddy Rukminamma
Versus
The Joint Collector, Kadapa, Kadapa District & Others
Writ Petition No.777 of 2013
Decided on : 19-09-2013

Advocates Appeared:
For the Petitioner:B. Narayana Reddy, Advocate.
For the Respondents:R1 to R3, Assistant Government Pleader for Revenue, R5, R6, R7, R9, Ch. C. Krishna Reddy, Advocate.

Headnote:A.P. Rights in Land and Pattadar Pass Books Act 1971 - Sections 9, 3, 5(3) and 5(5) - Cancellation of Pattadar pass book and title deeds— District Collector has no jurisdiction to set aside Pattadar pass book and title on ground that petitioner failed to produce any evidence---Remedy of revision cannot be availed without exhausting remedy of appeal.

Judgment :

1. This writ petition is filed for a mandamus to set aside the order in R.Dis.No.E2/1114/2010, dated 17.11.2012 of respondent No.1.

2. The dispute in the writ petition pertains to Ac.1.90 cents of land in Survey No.264/1 of Kothapalli Village, Proddatur Mandal, Kadapa District. It is the case of the petitioner that one Basireddy Dasi Reddy had four sons i.e., Basireddy Pedda Venkata Reddy, Basireddy Linga Reddy alias Ganda Reddy, Basireddy Chinna Linga Reddy and Basireddy Chinna Venkata Reddy alias Gullabbi; that Basireddy Pedda Venkata Reddy, the father-in-law of the petitioner, has got the property in Survey Nos.264 and 265 and he has two sons i.e., Basireddy Ramana Reddy, the husband of the petitioner, and Basireddy Subba Reddy, who died without marriage and that the husband of the petitioner died on 09.08.1996 and ever since then, the petitioner is in possession and enjoyment of the properties in Survey Nos.264 and 265 admeasuring Acs.9.17 cents, which belonged to Basireddy Linga Reddy. The petitioner further pleaded that Basireddy Dasi Reddy, grandfather of the petitioner’s husband, purchased the property in Survey No.264/1 on behalf of Basireddy Linga Reddy and pattadar pass book and revenue records stood in the name of Basireddy Dasi Reddy and that after his death, the pattadar pass book and revenue records stood transferred in the name of Basireddy Pedda Venkata Reddy, father-in-law of the petitioner. It is the further case of the petitioner that Basireddy Linga Reddy executed registered Will on 07.08.1965 in favour of Basireddy Pedda Venkata Reddy in respect of Acs.1.80 cents in Survey No.264/1 and after the death of the testator and the legatee, the property devolved upon the petitioner’s husband, who died on 09.08.1996, and since then the petitioner has been in possession and enjoyment of the property. The petitioner further pleaded that on her approaching respondent No.3, he has issued pattadar pass book and title deed in her favour on 13.01.2001.According to the petitioner, respondent No.4 has initially filed an application before respondent No.3 for rectification of the entries in the record of rights and later he has filed a revision petition before respondent No.1 purportedly under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’). Respondent No.1 entertained the revision petition and passed the impugned order. Respondent Nos.5 to 22, who claim to have purchased the house plots from respondent No.4 got themselves impleaded in the revision petition. The notices issued by this Court were served on all the respondents except respondent No.22 and respondent Nos.5, 6, 7, 9, 10, 12, 14, 16, 18, 19 and 20 have entered appearance through Sri Ch. C.Krishna Reddy. Other respondents have not entered their appearance.

3. The notice sent to respondent No.22 was returned with the endorsement “addressee deceased. Hence, returned”. In the view this Court is proposing to take, it may be unnecessary to order further steps to be taken for bringing the legal representatives of respondent No.22 on record.

4. The case of respondent No.4 before respondent No.2 is that one Mopuri Yella Reddy is the owner of Acs.1.69 cents of land in Survey No.264/1 and the said Yella Reddy has sold the property to Chilkapati Khasimpeeran Sab, who in turn, sold the property to one Sarvugari Venkata Subba Reddy. Sarvugari Venkata Subba Reddy sold the property to Gaddam Seshi Reddy, who in turn has sold the property to respondent No.4. After calling for report from respondent No.3, respondent No.1 has partly allowed the revision petition filed by respondent No.4. Respondent No.1 held that a title dispute arises between the parties and therefore, he is not competent to settle the same. Having so held, respondent No.1 has however, set aside the pattadar pass book and title deed issued to the petitioner on the ground that no recorded evidence was produced by the petitioner before respondent No.







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