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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
CHALLA GUNARANJAN
Pratap C. Josisher – Appellant
Versus
District Collector – Respondent
ORDER :
CHALLA GUNARANJAN, J.
The present writ petition is filed questioning the action of 2nd respondent – Revenue Divisional Officer, Penukonda, Anantapur District, in holding enquiry to decide the possession and title of the lands belonging to the petitioner purportedly exercising powers and jurisdiction under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short, “the Act”), vide proceedings in Rc. No.CCH/1743/2007, despite the judgment, dated 30.09.2002 in O.S. No.7 of 1996 on the file of the learned Senior Civil Judge, Penukonda, confirmed by judgment, dated 22.02.2006 in A.S. No.1 of 2003 on the file of the learned Additional District Judge, Hindupur, and further confirmed by judgment, dated 20.11.2006, in Second Appeal No.822 of 2006 of this Court, as illegal, incompetent and without jurisdiction and consequently, sought to quash the said proceedings, which were initiated at the instance of the 4th respondent.
2. (a) Petitioner claims to be absolute owner and to be in peaceful possession and enjoyment of an extent of Ac.1847.67 cents in Survey Nos.80-1, 81, 93, 65, 83, 73-2, 97, 94, 67 and 99 of Gudipalli village and Survey No.733-2 of
The appellate authority under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act has jurisdiction to entertain appeals regarding land title and possession, and the status quo must be maint....
The scope of judicial review is confined to decision making process and not the decision per se.
The court emphasized the necessity of proper notice to all interested parties in land disputes, ruling that orders passed against deceased persons are null and void.
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....
The exercise of revisional power under the Telangana Rights in Land and Pattadar Pass Books Act after a significant delay is improper and violates principles of natural justice.
The court ruled that orders affecting rights must not be made without providing notice and opportunity to the affected party, emphasizing the principles of natural justice.
The court ruled that delayed administrative actions undermining property rights must be resolved through civil courts, emphasizing the importance of timely legal recourse.
The court emphasized the necessity of following procedural requirements and the principle of natural justice in amending entries in the Record of Rights, ruling that the respondent acted without juri....
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