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D. V. S. S. SOMAYAJULU
Tuplli Nageswara Rao – Appellant
Versus
Joint Collector Nellore – Respondent
JUDGMENT
1. This writ petition is filed for the following relief:
'..to issue a writ in the nature of writ of Certiorari or any other appropriate writ direction, order or orders calling for the records relating to the order dtd. 5/11/2011 passed by the 1st respondent in Case No.Dis (E-10) 4106/2011 and quash the same as arbitrary, illegal without jurisdiction and void...'
2. This Court has heard Sri V.Eswaraiah Choudary, learned counsel for the petitioner, Government Pleader for Revenue and Sri P.Gangirami Reddy, learned counsel for the unofficial respondents.
3. The writ petition was initially filed by one T.Nageswara Rao and after his death; his brother is continuing the writ petition.
4. Learned counsel for the petitioner argued the matter at length and extensively. According to him, the impugned order dtd. 5/11/2011, passed by the Joint Collector-respondent No.1, is totally contrary to law. The petitioner claims title to the property involved in this dispute through his brother T.Nageswara Rao, who executed a Will in his favour bequeathing the property to him. He therefore claims absolute right to the property. According to the writ petitioner, it was realized that respondent No
Revenue authorities can issue pattadar passbooks based on records but lack jurisdiction to resolve title disputes, which must be addressed in civil court.
Revenue authorities may not adjudicate on civil title disputes under A.P. Rights in Land and Pattadar Pass Books Act; parties should approach civil court for resolution.
THE REVENUE DIVISIONAL OFFICER HAS NO JURISDICTION TO ENTERTAIN A REPRESENTATION QUESTIONING THE MUTATION OF NAMES IN REVENUE RECORDS WITHOUT AN APPEAL BEING FILED UNDER SECTION 5(5) OF THE ROR ACT.
A Revisioning Authority under the ROR Act cannot unilaterally cancel a pattadar passbook without assigning reasons, especially when the holder of the passbook has material documents indicating their ....
The main legal point established in the judgment is that revenue authorities are not competent to decide complicated questions of title, and adherence to procedures mandated under the Act and the Rul....
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