1. The present writ petition is filed seeking issuance of writ of mandamus declaring the order dated 31.08.2012 passed by respondent No. 1 in Rc. No. E5/1177/2011, confirming the order passed by respondent No. 2 vide file No. A/2276/2008 dated 15.10.2008 as illegal, arbitrary and violative of principles of natural justice; and consequently to set-aside the same.

The averments in brief are as under:

The subject matter of the writ petition relates to land admeasuring Ac. 3.27 gts. situated in Sy. No. 374/A of Kadipikonda Village, Hanamkonda Mandal, Warangal District. The husband of the first petitioner by name late K. Adireddy had patta land in Sy. Nos. 374 and 380 situated in the said Village. Originally the said land belongs to one Katta Mallaiah, S/o. Chennamallu, who had four sons by name Katta Seetharam Reddy, Sambha Reddy, Adi Reddy and Krishna Reddy. After the death of Katta Mallaiah, his elder son by name Katta Seetharam Reddy got his name mutated in revenue records as pattadar though all the legal heirs of Katta Mallaiah were in possession and enjoyment of the said land. Earlier, the Tahsildar, Hanamkonda issued pattadar pass books and title deeds in favour of the husband of petitioner No. 1 by name Katta Adireddy and his name was also mutated in the revenue records as pattadar and possessor in respect of the land in Sy. No. 374/A. It is to be noted that the husband of petitioner No. 1 died on 11.06.1996 leaving behind petitioner Nos. 1 and 2 as his legal heirs, who alienated the above property in favour of petitioner Nos. 3 to 6 through registered sale deed vide document No. 651/2001. Pursuant to the recommendation made by the Tahsildar, for cancellation of pattadar pass book and title deed issued in favour of K. Adireddy, respondent No. 2 by his order dated 15.10.2008 cancelled the pattadar pass book and title deed issued in favour of Katta Adireddy in respect of land in Sy. No. 374 to an extent of Ac. 3.27 gts., of Kadipikonda Village, Hanamkonda Mandal during the year 1994-95 and directed the Tahsildar, Hamakonda, to take up the petition of Katta Jagan Mohan Reddy (respondent No. 5) under the provisions of Section 5(A) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 and after hearing all the parties concerned, directed him to pass orders for issuance of pattadar pass books within six weeks from the date of order. Aggrieved by the same, the petitioners herein preferred revision vide Rc. No. E5/1177/2011 before the Joint Collector, Warangal, who, by his order dated 31.08.2012 confirmed the order passed by the Revenue Divisional Officer, Warangal. Challenging the said revision, the present writ petition is filed.

2. Heard Sri P.S.P. Suresh Kumar, learned counsel appearing for the petitioners and Government Pleader for Revenue appearing for respondent Nos. 1 to 3, Sri G. Venkat Reddy, learned counsel appearing for respondent No. 4 and respondent No. 5, who is represented by his G.P.A. Holder Sri M. Venkat Reddy, who appeared in-person. No representation on behalf of respondent No. 6.

3. The main ground urged by the learned counsel for the petitioners is that the alleged appeal said to have been preferred by respondent No. 5 before respondent No. 2 is contrary to the dictum laid down by the Bench of this Court in W.P. No. 21689 of 1999. He submits that though the order of respondent No. 2 does not anywhere indicate that an application was filed pursuant to an order passed by respondent No. 3, but a reading of the order show that the same was treated as an appeal and orders came to be passed canceling the pattadar pass book and title deed issued by the then Mandal Revenue Officer. He pleads that there is no provision under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 permitting the Revenue Divisional Officer to entertain an application directly without there being an order under challenge. He further submits that even if it is to be treated as an appeal, respondent No. 2 er