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U. DURGA PRASAD RAO
Meka Satyanarayana – Appellant
Versus
Joint Collector, Additional District Magistrate – Respondent
ORDER :
U. Durga Prasad Rao, J.
1. The Court made the following common Order:
As the parties, as well as the subject matter and question of facts and law involved in both the writ petitions are identical, they are being disposed of by this common order
2. W.P. No.17709/2016
The 1st petitioner is the husband, the 2nd petitioner is his wife and petitioners 3 and 4 are their daughter and son respectively. Succinctly their case is thus:
(a) The 1st petitioner and 5th respondent are the sons of late Meka Krishna Murthy. The 4th respondent is the wife of Krishna Murthy and Mother of 1st petitioner and 5th respondent.
(b) Pending writ petition, respondent No. 4 died and 10th respondent is impleaded as her LR. So also 5th respondent died and respondents 7 to 9 are impleaded as his LRs.
(c) Petitioners' case is that they are the absolute owners and possessors of agricultural land to an extent of Ac.22.29 cents situated in R.S. No.368/1, 396/1B, 544/5, 377/1D, 378, 542/1 of Kadiyadda Village of Tadepalligudem Mandal, West Godavari District. Petitioners 1, 3 and 4 got their respective shares in the above said property in a partition among them, whereas the 2nd petitioner got her share through a regis
The court ruled that only civil courts can determine the validity of property documents, overruling previous decisions on appeal maintainability regarding PPBs and TDs.
The court affirmed that prior final decrees in partition suits are binding and that claims based on wills must be established in separate proceedings.
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.
Revenue authorities lack jurisdiction to resolve title disputes over land, which must be adjudicated in civil court.
Claims for land ownership after significant delays must be addressed by civil courts, as administrative bodies cannot adjudicate on disputed titles without violating established rights.
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 court emphasized the necessity of exhausting statutory remedies before seeking judicial intervention in land disputes, affirming that the right of appeal must be explicitly provided by law.
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passb....
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