ORDER :

K. Vijaya Lakshmi, J.

1. Heard the learned Counsel for the petitioner, learned Government Pleader for Revenue appearing for respondents 1 to 4 and Sri K.V. Raghuveer, learned Counsel appearing for the 5th respondent. With their consent, this writ petition is being disposed of at the stage of admission.

2. This writ petition is filed to 'declare the action of the 3rd respondent in issuing urgent notice vide Rc.E.3997/2018 dated 10.12.2018 to appear with all records to conduct an enquiry on the appeal filed by the 5th respondent for cancellation of pattadar pass books and title deeds in respect of the land in Sy. No. 364/A an extent of Ac. 1.58 cents and an extent of Ac. 0.12 cents in Sy. No. 364/H of Holagonda Village & Mandal, Kurnool District, as arbitrary and illegal'.

3. Case of the petitioner is that, he succeeded the subject land from his father and that his name was also mutated in the revenue records i.e., Adangal and 1-B Register; the fifth respondent without any rights whatsoever over the said property is interfering with the possession of the petitioner and also filed an appeal before the third respondent seeking cancellation of the pattadar pass books and title deeds issued in favour of the petitioner; the petitioner filed suit in OS No. 52 of 2018 on the file of the learned Senior Civil Judge, Adoni seeking permanent injunction and temporary injunction was granted in the said suit; the contention of the petitioner is that the third respondent does not have any jurisdiction to entertain the appeal filed by the fifth respondent and the impugned notice is issued to appear before him with records for enquiry. Hence, the writ petition.

4. When the matter came up for admission, interim stay was granted for a period of six weeks and it has been extended from time to time. As seen from the record, the petitioner's name was mutated in the revenue records i.e., Adangal and 1-B Register and he was also issued pattadar passbooks and title deeds. While things stood thus, the fifth respondent filed an appeal before the sixth respondent-Revenue Divisional Officer seeking cancellation of the pattadar passbooks and title deeds which were issued in favour of the petitioner for the subject land. Pursuant to the said appeal, the Revenue Divisional Officer issued notice dated 10.12.2018 directing the petitioner to attend for enquiry.

5. Section 6-A of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short 'the Act') deals with the application to be filed for title deed-cum-pattadar passbook to the Tahsildar. According to the said section, on making such an application, the Mandal Revenue Officer shall cause an enquiry and issue title deed and passbook in accordance with the Record of Rights. According to sub-section (3) of Section 6-A of the Act, the entries in the title deed and pattadar passbook to be corrected on an application made to the Mandal Revenue Officer in the manner prescribed.

6. Section 5 of the Act deals with amendment and updating of Record of Rights. According to the said action, on receipt of the intimation of the fact of acquisition of any right referred to in Section 4, the Mandal Revenue Officer shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence there for and shall carryout the amendment in the record of rights in accordance with such determination. According to sub-section (5) of Section 5 of the Act, against every order of the Mandal Revenue Officer, either making an amendment in the record of rights or refusing to make such an amendment, an appeal shall lie to the Revenue Divisional Officer, within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final. Hence, an appeal is provided to the Revenue Divisional Officer against the order of the Mandal Revenue Officer either making an amendment in the record of rights or refu