Point of law: Any person aggrieved by any order made by the State Government or other authority in exercise of the powers conferred on it by the Act or these rules may, within three months of the date of communication of the order to him, apply to the Central Government in triplicate in Form N, for revision of the order.

ORDER:

This writ petition is filed under Article 226 of the Constitution of India, claiming writ of mandamus, declaring the action of the second respondent in issuing notice Rc.No.2203/2021-D5, dated 9.7.2021 invoking jurisdiction under Section 9 of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (Act No. 26 of 1971) (for short ‘the Act‘), alleging that an extent of Ac.94-45 cents in Sy.No.1/1, Ac.4-83 cents in Sy.No.13 and Ac.2-06 cents in Sy.No.227, totalling to an extent of Ac.103-21 cents of Perurupadu Village, Bollapalli Mandal, which were mutated illegally in the web land data base in the year 2015, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice and consequently set-aside the same.

2. The petitioner is a company purchased various extents of land in Sy.No.1/1, Sy.No.13 and Sy.No.227 of Perurupadu Village, Bollapalli Mandal under registered sale deeds in the year 1998. The petitioner purchased the property and the name of the company was duly mutated in the revenue records in the year 1998 itself and copies of the adangal were issued in the year 1998 which clearly show the name of petitioner’s vendor and the name of the petitioner company. Pattadar passbooks and title deeds were also issued in the name of the company. The revenue records discloses the name of the petitioner company much prior to 2015.

3. It is further contended that, a perusal of the impugned notice shows the allegation that the mutation was illegally made in the web land data base. The manual revenue records prior to creation of web land data base disclose the name of the company and no notice was issued by the second respondent prior to initiation of enquiry when the petitioner's name was being reflected prior to 2015 in the revenue records.

4. It is further contended that, Section 9 of the Act, but it cannot be invoked after a long lapse of time. The revenue records in the year 1998 itself show the name of the petitioner company. After lapse of more than 22 years suo-moto power is invoked by the second respondent and that too, on the allegation that an illegality was committed in the web land data base. Therefore, such power cannot be exercised after long lapse of time and that too, without issuing any notice before initiating proceedings under Section 9 of the Act, thereby the impugned notice dated 09.04.2021 is illegal and without jurisdiction and requested to set-aside the same.

5. Learned Assistant Government Pleader for Revenue placed on written instructions on record dated Rc.No.2203/2021-D5 dated 06.08.2021, though not filed counter affidavit, since the dispute is purely based on interpretation of powers of the Joint Collector/second respondent herein under Section 9 of the Act, while explaining the reason for invoking such jurisdiction under Section 9 of the Act.

6. It is specifically submitted that, one Sri K.V.R. Sivaram Prasad, resident of Guntur Town has filed a complaint before the Hon'ble Lokayukta making certain allegations against the then Revenue Officials of Bollapalli Mandal and an adverse news published under caption "Kanche Chenu Mesindi” in the district Edition, Andhra Jyothi, Daily newspaper dated 09.05.2017 and "Akramala Revenue" in the District Edition, Andhra Jyothi Daily newspaper dated 10.05.2017 mentioning that several irregularities have been committed while mutating names of petitioner in the revenue records of the Villages of Mellavagu, Ayyannapalem, Perurapadu, Bollapalli, Gummanampadu, Remidicherla, Sanginidipalem and Pamidipadu of Bollapalli Mandal.

7. During the enquiry in the matter, the Sub Collector, Narasaraopet has submitted a report to the District Collector, Guntur and in the said report it was noticed that an extent of Ac.94.45 cents in Sy.No.1/1, Ac. 4.83 cents in Sy.No.13 and Ac.2.06 cents in Sy.No.227, totally an extent of Ac. 103.21 cents was illegally mutated in Webland record in favour of M/S Healthy Agro Entriprises Limited in the year 2015 vide Khata