1. The issue in the writ petition arises under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short, ‘the Act’).

2. The present writ petition is filed for issuance of writ of certiorari to call for the records relating to and leading up to proceedings No.(B)2301/97, dated 08.01.1998 of the 2nd respondent and as confirmed in proceedings No.D4/7123/98, dated 13.03.2003 and quash the same.

3. The averments in brief are as follows:

The subject matter of writ petition relates to an extent of Ac.15.00 out of Ac.31.66 cents in Sy.No.204-2A of Kundurpi village and Mandal of Anantapur District (hereinafter referred to as ‘subject land’). The Writ Petitioners and respondent Nos.4 to 6 claim the property through late Dasappa. The admitted case is that Dasappa was the owner and possessor of the subject land. He died leaving behind him (i) Pedda Venkata Ramanappa, (ii) Laxmaiah, (iii) Venkatesulu, (iv) Chinna Venkata Ramanappa and (v) Onnappa. The petitioners herein are legal representatives of Laxmaiah, whereas respondents 4 to 6 are sons of Dasappa. The Writ Petitioners were issued pattadar pass books/title deeds by the Mandal Revenue Officer, Kundurpi Mandal, Anantapur District/respondent No.3. The details of pattadar pass books are as follows:

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Sl.No. Name of P.P.B. Holder Pattadar Pass Book No. Extent in Acres

1 2 3 4

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1. Krishtappa 43898 3.50

2. Adimurthy 438959 4.50

3. Viswanath 438961 3.50

4. Devaraju 438960 3.50

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These orders in Record of rights or issuance of pattadar pass books were not appealed as provided by Section 5 of the Act.

4. It is borne out by record that after issuance of pattadar pass books in favour of writ petitioners, respondents 4 to 6 filed objection petition before the Tahsildar, Kundurpi Mandal against the issuance of pattadar pass books for the extents stated above. The grievance before Tahsildar was that pattadar pass books were issued to petitioners for more extent than what is actually possessed by them on ground. It appears through the said objection, respondents 4 to 6 requested respondent No.3 to effect necessary changes to the extent column in the pass books already issued to writ petitioners. From the order of respondent No.2, it is clear that the 3rd respondent with a report has forwarded the objection of respondents 4 to 6 to the 2nd respondent, who in turn has taken up the matter in File No.(B)2301/97, dated 08.01.1998, as if an appeal is presented against pattadar pass books referred to above. It is relevant to refer at this stage that respondents 4 to 6 have not filed appeal against the order updating the record of rights for Sy.No.204-2A of Kundurpi village under Section 5 of the Act. The 2nd respondent by assuming the jurisdiction of appeal against the grant of pattadar pass books ordered notices to writ petitioners. The order of the 2nd respondent dated 08.01.1998 refers to the alleged attempt of respondent No.3 to serve the notices on writ petitioners and the alleged blunt refusal by them. The fact of the matter is that without presentation of appeal against an order updating issuance of pattadar pass books much less without hearing the writ petitioners, the 2nd respondent directed change of extents in the pattadar pass books in line with Rule 26 Sub Rule 6 of the A.P. Rights in Land and Pattadar Pass Books Rules, 1989 (for short, ‘the Rules’). The writ petitioners being aggrieved by the order of the Revenue Divisional Officer filed revision before the 1st respondent. The 1st respondent through order dated 13.03.2003 has gone into various aspects of matter, but not the real controversy in the matter, confirmed the orde