ORDER :

This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-

“….to issue a Writ of Mandamus, declaring the action of the 2nd Respondent in cancelling the Pattadar Pass Books and Title Deeds vide Proceedings D.Dis.No.247/2014/A dated 06.09.2014, is arbitrary, illegal and violative of provisions of A.P.Rights in Land Pattadar Pass Books Act, 1971 and suspend the said orders and consequently direct the 2nd Respondent herein not to initiate the process of cancellation of Pattadar Pass Books and Title Deeds …”

2. The case of the petitioners in nutshell is that the petitioners are in possession and enjoyment of the subject lands in Survey No.382, having been issued pattadhar passbooks over the respective lands by the 3rd respondent in the year, 2009 under Section 6-A of A.P.Rights in Land and Pattadar Pass Books Act, 1971 and Rules framed therein.

3. While the matter stood thus, the 2nd respondent has cancelled the Pattadar Pass Books and Title Deeds issued in favour of the petitioners without jurisdiction and also in contravention of the provisions of Section 8(2) of the AP Rights in Land and Pattadar Pass Books Act, 1971 vide Order in D.Dis.No.247/2014/A/dated 06.09.2014, the relevant portion is as follows :

“The Tahsildar, Munagapaka to take necessary action for cancellation of entries in all revenue records duly taking over the Pattadar Pass books for the subject land. Both the parties are at liberty to file their respective claims if any, with substantial documentary evidence proving their title and possession over the land before the Tahsildar, Munagapaka.”

4. As could be seen from the report dated 05.02.2014 vide Rc.No.17/2014/A of the 3rd respondent, the Pattadar Passbooks and Title Deeds were issued during the year, 2009 in favour of the petitioners. But, the respondents No.4 to 9 have challenged the said issuance of the Pattadar Pass books and Title Deeds to the petitioners i.e., in contravention of Section 5(5) of the A.P.Rights in Land and Pattadar Pass Books Act, 1971(hereinafter called “the Act”), which says that the appeal is against the orders passed by the competent authority under Section 5(3) of the Act, shall be filed within a period of (60) days.

5. The issuance of Pattadar pass books and title deeds by the 3rd respondent were approved by the 2nd respondent and 3rd respondent. In absence of any orders passed by the 2nd Respondent under Section 5(3) of the Act, appeal of respondents No.4 to 9 under Section 5(5) of the Act cannot be entertained, and the 2nd respondent cannot treat the application as an appeal and is not maintainable.

6. The 2nd respondent has no jurisdiction to adjudicate the matter related to Title and the power is vested with the Competent Civil Court and the impugned proceedings are issued without jurisdiction.

7. When this Writ Petition came for admission, this Court has passed an Interim Order on 05.02.2015, which is as follows :

“the learned counsel for the petitioners is also permitted to take out personal notices to the unofficial respondents by RPAD and file proof of service.

Prima Facie the exercise of power of the Tahsildar is unauthorized and such power cannot be traced to any provision under the Record of Rights Act.

Hence, there shall be interim suspension as prayed for”.

8. The 3rd respondent filed counter denying the averments of the Writ Petition and contended that the Writ petitioners are neither pattadars as per records nor legal heirs of the pattadars as per Settlement Fair Adangal. Further, the 2nd respondent after examination of the report submitted by the then Tahsildar, Munagapaka, with reference to the revenue records and also local enquiry has passed the orders.

9. Heard Sri. T. Vijay Hanuman Singh, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, for Respondents No.1 to 3. Sri. M. Radha Krishna, learned counsel for the unofficial respondent Nos.4 to 9.

10. At the time of hearing, the learned couns