The court emphasized the importance of considering all relevant records and providing reasons for decisions in adjudicating land disputes under the Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971.

ORDER :

The present Writ Petition is filed by the petitioners seeking the following relief :

“…to issue a writ or writs or order or orders one more particularly in the nature of writ of mandamus declaring the proceedings Rc.No.1176/2019/D2 dated 07.12.2019 issued by the 2nd respondent as without jurisdiction, illegal and unconstitutional and consequently set aside the proceedings Rc.No.1176/2019/D2 dated 07.12.2019 issued by the 2nd respondent ….”

2. The case of the petitioners is that one late Madu Ramulu, is the absolute owner of land admeasuring Ac.0.56 cents situated in Survey No.27/25 of Yendada Village, Visakhapatnam Rural Mandal, Visakhapatnam District and the same was reflected in Survey Fair Adanagal, which was prepared in the year 1956. It is further contended that, father of petitioner No.2, who is the son of the late Madu Ramulu, was earmarked with a share of Ac.0.24 cents of land in the family partition and for the said land, pattadar pass book and title deed were issued in his favour in the year 1995. The Visakhapatnam Municipal Corporation had acquired a part of the above said land in an extent of 120.275 sq.mts for 100 feet wide master plan road from NH-5, Yendada Junction to Beach road via GITAM college. To that effect proceedings Rc.No.14120/2013/ACP-I/GI were issued. During the course of road widening, compound wall was demolished and to that effect compensation was paid to the father of petitioner No.2, who executed a gift deed in favour of Visakhapatnam Municipal Corporation for the above said land in the year 2016 vide document No.3123 of 2016.

It is the further case of the petitioners that 4th respondent made a representation in spandana programme, seeking for pattadar pass book in respect of subject land and complaint was taken up as a Revision Petition under Section 9 of Andhra Pradesh Rights in land and Pattadar Pass Book Act, 1971 (for short ‘the Act’) which was registered as R.P.No.33 of 2019.

It is their further case that, the impugned order reflects that notice was served on the father of petitioner No.2 by respondent No.3, but in fact, the said notice was not served on him. It is the further case of the petitioners that the said Revision Petition was allowed by respondent No.2 without issuing any notice and in violation of principles of natural justice, questioning the same, the present writ petition is filed.

3. Respondent No.3 - Tahsildar filed counter affidavit denying the allegations inter alia, contending that, the Joint Collector, Visakhapatnam is well within his jurisdiction in passing the orders impugned herein, as he is empowered U/s.9 of the Act either suo motu or on an application. Therefore, it cannot be contended that the orders passed by the Revisional Authority – cum - Joint Collector, Visakhapatnam in Rc.No.1176/2019/D2(R.P.No.33/2019) are illegal. Accordingly, prayed to dismiss the Writ petition.

4. Respondent No.4 also filed counter affidavit denying the allegations, inter alia, contending that, the Joint Collector cannot invoke the revisional jurisdiction under Section 9 of the Act, after a long lapse of time, is untenable. After knowing about the acquisition of subject land in 2018, respondent No.4 made enquiry and came to know that Madu Appanna obtained pattadar pass book and title deed fraudulently in respect of the subject land and filed a petition before District Collector after obtaining material. Thereafter, the District Collector sought for a report from the Tahsildar on the subject matter, in turn forwarded the same to the Joint Collector for adjudication. The Joint Collector took up the matter as suo motu revision and passed the impugned order after following the procedure envisaged under Section 9 of the Act. Considering the material on record and after orders passed by the Joint Collector, the name of respondent No.4 is mutated in the revenue records. The limitation for filing Revision starts from the date of knowledge and not from the date of issuance of the pattadar pass