Point of Law : Words “a notice to all persons known or believed to be interested to the effect that the registry will be made” assumes importance in the present case. According to the petitioner, no notice was issued to this petitioner, the respondent also did not dispute the contention of petitioner about failure to issue notice. Therefore, on the ground of violation of procedure prescribed under Rule 9(1)(c)(ii), the order challenged is liable to be set-aside, without further going into the merits of the case. Therefore, placing the property of this petitioner in disputed register without following the procedure contemplated under Rule 9(1)(c)(ii) is an illegality and the same is liable to be set-aside.

ORDER :

1. One S.K.Rajesh filed this petition under Article 226 of the Constitution of India questioning the action of respondent No.2 in blocking the Online Revenue Records by removing his digital signature in respect of the land in an extent of Ac.1.00 cents in Sy.No.376/2B of Gangavaram Village fields, Gangavaram Mandal, Chittoor District belonging to the petitioner without any prior notice and to declare the same as arbitrary, illegal, and contrary to the provisions of the A.P.Rights in Land and Pattadar Pass Books Act, 1971 and consequently direct the respondent No 2 to restore the Online Revenue Records in respect of the land in an extent of Ac.1.00 cents in Sy.No.376/2B of Gangavaram Village fields, Gangavaram Mandal, Chittoor District belonging to the petitioner.

2. The land admeasuring an extent of Ac.8.06 cents in Sy.No.376/2 of Gangavaram Village originally belonged to one G.Pedda Nanjundappa, S/o.Buddannagari Rachappa. During his life time, the said G.Pedda Nanjundappa executed a Gift Deed, dated 25.11.1928 bearing registered document No.1416/1928 in favour of Sri Kodanramaswamivari Temple, represented by its Trustee Ugranam Narayanaswamy Chetty for an extent of Ac.1.90 cents. After the death of the said Padda Nanjundappa, his two sons G.Veerabhadrappa and G.Rajasekhar got divided their family properties under the Partition Deed dated 22.02.1995 bearing No.528/1995. In the said partition, the land in an extent of Ac.3.00 in Sy.No.376/2 was allotted to G.Veerabhadrappa within specific boundaries, which is fully described as ‘A’ schedule and the remaining Ac.3.16 cents was allotted to G.Rajasekhar, which is more fully described as 'B' schedule with specific boundaries. As per the description of the property in the partition deed, land admeasuring an extent of Ac.3.16 in Sy.No.376/2 i.e. ‘B' schedule of the Partition Deed, dated 22.02.1995, the northern boundary is shown as the land in an extent of Ac.1.90 cents gifted by their father in favour of Sri Kodandaramaswamulavari Temple. The legal heirs of G.Pedda Nanjundappa i.e., G. Veerabhadrappa and G.Rajasekhar are only the parties to the said registered partition deed, dated 22.02.1995 and hence they have conceded the existence of the Temple land on the Northern side of the land of G.Rajasekhar and the land in an extent of Ac.3.00 in Sy.No.376/2 is situate on the southern side of the land of G.Rajasekhar.

3. While so, G.Veerabhadrappa along with his children have sold the land admeasuring an extent of Ac.1.00 out of Ac.3.00 situated in Sy.No.376/2 within specific boundaries by registered Sale Deed dated 06.03.1995 bearing No.553/1995 to the petitioner and delivered possession of the same, since then the said extent of land is in exclusive possession and enjoyment of the petitioner. The Tahsildar mutated the name of the petitioner in the revenue records, allotted sub-division No.376/2B, issued Pattadar Pass Book and Title Deeds in favour of the petitioner. Later, G. Veerabhadrappa had sold the remaining land in extent of Ac.2.00 cents in Sy.No.376/2 on the same day under registered Sale Deed dated 06.03.1995 bearing document No.552/1995 to one D.Gopala Reddy with specific boundaries and delivered possession of the same to him on the same day. In turn, the said D.Gopala Reddy sold the land admeasuring an extent of Ac.2.00 cents in Sy.No.376/2 in favour of father of the petitioner S.Krishna Murthy under Sale Deed, dated 27.09.1997 bearing document No.1947/1997, delivered possession of the same to him and since then he was in his possession and enjoyment during his lifetime. Further, having recognized the possession and enjoyment of father of the petitioner late S.Krishna Murty, over the said extent of land, the revenue authorities assigned sub-division No.376/2C, issued Pattadar Pass Book and Title Deeds in his favour. After the death of his father S.Krishnamurthy, the petit