N.V.RAMANA, VILAS V.AFZULPURKAR
Erukala Uma – Appellant
Versus
Government of Andhra Pradesh – Respondent
Based on the provided legal document, the key points are as follows:
The jurisdiction of revenue authorities under Section 9 of the relevant Act (the ROR Act) is not automatically barred by the pendency of a civil suit unless the suit specifically pertains to a declaration of rights under Chapter VI of the Specific Relief Act, which would be binding on the authorities (!) (!) .
The exercise of revisional powers by the Collector under Section 9 is permissible whether suo motu or on application, to examine the correctness and legality of records and proceedings, provided that the affected parties are given an opportunity to make representations (!) (!) .
The existence of a civil suit does not preclude the authorities from proceeding with their statutory functions under the Act, unless the suit involves a declaration of rights under the specified chapter, which would then be binding (!) (!) .
When a show-cause notice is issued by the competent authority, the party concerned must respond and disclose all relevant facts, including pending civil litigation, before approaching the courts. The proper course is to reply to the notice and raise all contentions before the authority, rather than seeking extraordinary relief through a writ petition (!) (!) .
The Act provides a complete procedural framework for making entries and amendments in revenue records, emphasizing the importance of notices, replies, and the opportunity for interested parties to be heard (!) .
The mere pendency of a civil suit does not automatically bar the revenue authorities from exercising their jurisdiction; the authorities can proceed unless the suit specifically involves a declaration of rights under the relevant chapter of the law, which would be binding on the authorities (!) .
The appropriate legal remedy for contesting notices or proceedings under the Act is to respond within the statutory process, rather than directly approaching the courts, unless the authority's action is without jurisdiction or violates procedural safeguards (!) .
The specific facts of the case, including the nature of the relief sought in the civil suit, are relevant in determining whether the provisions of the Act or the principles discussed apply, and in this case, the relief sought does not fall under the category that would bar the revenue proceedings (!) .
The authority has the discretion to consider all pleas, including those related to pending civil suits, while passing orders on revision petitions, provided that the proceedings are conducted lawfully and fairly (!) .
The legal principles outlined clarify that the statutory mechanism under the Act aims for expeditious resolution of land record disputes, and parties are expected to utilize the prescribed procedures and remedies before approaching the courts (!) .
In summary, the document emphasizes that the pendency of civil suits does not automatically deprive revenue authorities of their jurisdiction under the Act, but parties should respond appropriately within the statutory framework and raise all relevant issues before the authorities rather than seeking judicial intervention prematurely.
N.V. RAMANA, J :- This writ petition is referred to the Division Bench on reference by a learned Single Judge by order dated 4.6.2013, as the learned Single Judge has expressed inability to concur with the opinion of another learned Single Judge in V. Goutham Rao v. Revenue Divisional Officer, Jagital, Karim nagar, 2003 (1) ALD 681.
2. We have heard Sri P.V. Narayana Rao, the learned Counsel appearing for the petitioner and the learned Government Pleader for Revenue, appearing for the respondents. We have also perused the order of reference as well as the judgment of the learned Single Judge in V. Goutham Rao's case (supra), referred to above.
3. The writ petitioner questions the notice issued by the Collector, Karimnagar in File No.D1/3994/2012, dated 8.11.2012. The said notice called upon the petitioner to respond to the Revision Petition filed by the 2nd respondent under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as 'ROR Act' or 'the Act'), seeking correction of entries in respect of the land admeasuring Acs.12-21 guntas in Sy.No.515/1, of Kurikyal Village, Karimnagar District.
4. The writ petition was primaril
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