The central legal point established in the judgment is that illegality cannot be perpetuated, and the court may refuse to set aside an illegal order, even if it goes against established legal principles.

JUDGMENT :

1. The above writ petition is filed seeking the following relief:

"... to issue a Writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of the respondents 3 and 4 entertaining representation filed by the 6th respondent after long lapse of 23 years and thereby 4th respondent passing impugned orders dtd. 18/4/2016 in its proceedings in Rc.No.9680/2015-A which is confirmed by the 3rd respondent in Revision Petition in D.DIs.No.1675/2016- D5, dtd. 23/1/2018, as illegal, irregular, irrational, without jurisdiction, arbitrary violation of principles of natural justice, violative of provisions of Andhra Pradesh Rights in Land Pattadar Pass Books Act, 1971 and rules framed there under and offends Articles 14, 21 and 300- A of Constitution of India and consequently set aside the orders passed by the 3rd respondent passed vide its an order its Revision Petition in D.Dis.No.1675/2016-D5, dtd. 23/1/2018 thereby confirmed the order passed by the 4th respondent dtd. 18/4/2016 in Rc.No.9680/2015-A and pass any other order or orders ..."

2. The facts of the case, in brief, are that petitioner and respondent No.6 are son and father. Respondent No.6, claiming to be owner of the property, made representation before respondent No.4 to cancel pattadar passbook and title deeds granted in favour of the petitioner in respect of land to an extent of Ac.1-41 cents, Ac.1-32 cents and Ac.0-17 cents in survey Nos. 28/1A, 24/3 and 28/3 respectively in Yendrai Village, Amaravathi Mandal, Guntur District. In the representation, respondent No.6 stated that by virtue of registered partition, dtd. 22/7/1965, the property referred to supra fell to his share and other properties fell to the share of the petitioner. In the partition deed, there was a clause that respondent No.6 will enjoy the property during his life time and after death of respondent No.6, the properties will be vested with the petitioner. Respondent No.4 without conducting proper enquiry cancelled the pattedar passbook and title deed vide Rc.No.9680/2015-A dtd. 18/4/2016. Against the said order, petitioner preferred revision before respondent No.3 vide D.Dis.No.1675/2016-D5 and the same was dismissed by respondent No.3, on 23/1/2018. Aggrieved by the same, the above writ petition is filed.

3. Counter affidavit is filed on behalf of respondent Nos.1 to 5. It was contended, inter alia, that as per the available record, subject property is recorded as patta land, which is ancestral property of respondent No.6. Partition of properties was affected between the petitioner and respondent No.6 vide document No.1137 of 1965 dtd. 22/7/1965. The subject property of this writ petition is in enjoyment of respondent No.6. Respondent No.6 made representation to respondent No.4 under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short the 'ROR Act'), requesting to cancel the entries pertaining to the property mentioned supra, in pattadar passbook, issued in favour of the petitioner. Respondent No.4, after conducting enquiry passed the order, against which revision was filed and the same was dismissed. Respondent No.4 considered representation as appeal under Sec. 5(5) of the ROR Act and thereafter passed orders.

4. Respondent No.6 filed counter affidavit and contended that the property referred to supra fell to his share in partition deed, dtd. 22/7/1965. Respondent No.6 has been enjoying the property with absolute rights. Petitioner got addicted to bad vices and alienated some of the property fell to his share. He also got alienated some of the properties of respondent No.6. Respondent No.6 also lodged criminal complaint against the petitioner. Respondent No.6 has to take care of mentally retarded daughter. Petitioner neglected respondent No.6 and in fact physically assaulted him. Respondent No.6, along with his wife executed Will, dtd. 27/9/2016 in favour of his elder daughter bequeathing their properties. Said Will wa