SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(AP) 99

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Challa Kodanda Ram, J.
Kencharayappa and Ors. - Appellants
Vs.
State of Andhra Pradesh and Ors. - Respondent
Writ Petition No. 2913 of 2015
Decided On: 12.02.2015

Advocates Appeared:
For Appellant/Petitioner/Plaintiff: N. Ranga Reddy
For Respondents/Defendant: A.G.P.

Headnote:

A.P. Rights in Land and Pattadar Pass Books Act,1971 - Petition is filed by petitioners seeking to declare action of respondent in not implementing directions issued by respondent vide proceedings and in not considering request made by petitioners through notice - As illegal and arbitrary and consequently to direct respondent to implement directions issued by respondent forthwith and cancel all unauthorized entries in records of rights in respect of property over an extent - It is case of petitioners that they are owners of property over an extent - It is also stated that one is owner of an extent of cents same survey number - On noticing that some third parties names were shown against their properties in revenue records petitioners approached District Collector bringing said fact to his notice and sought necessary corrections in revenue records - District Collector in turn by his proceedings directed the Revenue Divisional Officer respondent to treat application made by petitioners as appeal and initiate action in terms of Rules framed - Held, It is not in dispute that as on date of application by petitioners to District Collector third parties names were appearing in revenue records against properties to which petitioners are claiming right - In other words petitioners are seeking substitution of their names in place of the names already recorded in revenue records - Entries in revenue records reflecting a parties name relate to proceedings of Act - It is not case of petitioners that at time when names of said third parties were initially recorded claim of petitioners was also there before Mandal Revenue Officer who was exercising powers of Act - Once such exercise as required of Act is completed by except clerical errors only District Collector of Act is empowered to order any corrections to existing entries - This Court has no hesitation to say that neither District Collector nor RDO have applied their mind instead they had mechanically pushed papers down to their subordinates - In this Court by its order - Petition disposed - (Para 5)

ORDER

Challa Kodanda Ram, J.

1. This writ petition is filed by the petitioners seeking to declare the action of the 3rd respondent in not implementing the directions issued by the 2nd respondent vide proceedings dated 10.07.2014 and in not considering the request made by the petitioners through notice dated 13.1.2015 as illegal and arbitrary and consequently to direct the 3rd respondent to implement the directions issued by the 2nd respondent' dated 10.7.2014 forthwith and cancel all unauthorized entries in the records of rights in respect of property over an extent of Ac. 12.38 and Ac. 10.16 cents respectively situated in Sy. No. 58, Amarapuram Village and Mandal of Ananthapur District.

2. It is the case of the petitioners that they are the owners of the property over an extent of Ac. 12.38 cents and Ac. 10.16 cents respectively situated in Sy. No. 58, Amarapuram Village and Mandal of Ananthapur District. It is also stated that one Saneeramma is the owner of an extent of Ac. 2.02 cents in the same survey number. On noticing that some third parties names were shown against their properties in the revenue records, the petitioners approached the District Collector bringing the said fact to his notice and sought necessary corrections in the revenue records. The District Collector, in turn, by his proceedings dated 30.05.2014 directed the Revenue Divisional Officer-2nd respondent to treat the application made by the petitioners as suo motu appeal and initiate action in terms of Rules framed under the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short, 'the Act'). The petitioners filed an appeal before the Revenue Divisional Officer, through their Advocate Sri D. Nagaraju. The Revenue Divisional Officer, in turn, through his letter dated 10.07.2014 directed the Tahsildar to take necessary action. In spite of the said direction of the 2nd respondent-RDO, no further action is being taken up by the 3rd respondent. Hence, this writ petition.

3. The learned counsel for the petitioners submits that the writ petition is filed seeking a direction to the respondents to take necessary action particularly keeping in view of the directions of the 2nd respondent to the 3rd respondent.

4. On the other hand, Sri S. Srinivasa Rao, learned Assistant Government Pleader for Revenue submits that the District Collector is the competent authority under Section 9 of the Act to make any corrections under the Act, except the correction on account of clerical errors. He further submits that the petitioners may be directed to approach the District Collector invoking Section 9 of the Act and it would be obligatory for the District Collector to consider their application and pass appropriate orders.

5. It is not in dispute that as on the date of application by the petitioners to the District Collector, third parties names were appearing in the revenue records against the properties to which the petitioners are claiming right. In other words, the petitioners are seeking substitution of their names in the place of the names already recorded in the revenue records. Entries in the revenue records reflecting a party's name relate to the proceedings of the Tahsildar under Section 3 of the Act. It is not the case of the petitioners that at the time when the names of the said third parties were initially recorded (the date & details of which are not mentioned by the petitioners in the writ petition), the claim of the petitioners was also there before the Mandal Revenue Officer, who was exercising powers under Section 3 of the Act. Once such exercise as required under Section 3 of the Act is completed by the Tahsildar, except clerical errors, only the District Collector, under Section 9 of the Act, is empowered to order any corrections to the existing entries. Exercise of power under Section 9 of the Act could be done by the revenue authority either suo motu or on an application. In that view of the matter, the proceedings dated 30.5.2014 issued by the District




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top