Jurisdictional limits invalidate appeal against issuance of pattadar pass books under Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971, reaffirming that such appeals are not maintainable.

COMMON ORDER:

T.C.D. SEKHAR, J.

1. Since the subject matter in both the writ petitions is one and the same, they are being disposed of by this common order.

2. It is the case of the petitioner that land admeasuring an extent of Ac.5.05 cents in Sy.No.403/2 of Haresamudram Revenue Village, Madakasira Mandal, Satya Sai District originally belonged to one Sri Pille Thimmappa. It is further case of the petitioner that after the demise of the said Pille Thimmappa, his wife Smt. Thimmakka succeeded to the said property as class-I legal heir. It is stated that Smt.Thimmakka had no issues and the petitioner was looking after her during her life time by providing food and shelter. It is further case of the petitioner the said Thimmakkma out of love and affection, she executed a registered Will dated 30.05.2013 in favour of the petitioner bequeathing the subject property. It is further stated that, the said Thimmakka died on 28.08.2013 and by virtue of the said Will the petitioner became the absolute owner and possessor of the subject land. It is further case of the petitioner that he approached 3^rd respondent seeking to mutate his name and to grant pattadar pass books and title deeds in respect of subject lands. Accordingly, the 3^rd respondent after conducting an enquiry, mutated the name of the petitioner in revenue records by issuing pattadar pass books and title deeds in his favour. It is further case of the petitioner that he is in uninterrupted possession of the subject land since 2013 and he also availed crop loans from Ananthapur District Co-operative Society.

3. It is further case of the petitioner that when the respondent Nos.5 & 6 tried to interfere with his possession, he filed suit in OS No.156 of 2019, on the file of Junior Civil Judge, Madakasira seeking to grant injunction. It is further stated that along with the said suit he filed IA No.413 of 2019 seeking to grant temporary injunction and the Trial Court by order dated 11.12.2019 grated ex-parte ad-interim injunction in his favour and the said suit is pending adjudication.

4. It is further stated that the name of the petitioner was deleted from revenue records without issuing notice to him. Questioning the same he preferred writ petition vide WP No.23026 of 2021. It is further stated that during the course of hearing of the writ petition, it is brought to his notice that pursuant to order dated 12.12.2019 passed by the 3^rd respondent, the name of the petitioner was deleted from the revenue records. Therefore, he questioned the said order by filing writ petition vide WP No.41859 of 2022.

5. It is further case of the petitioner that the respondent Nos.5 & 6 preferred appeal before the 3^rd respondent questioning the action of the 4^th respondent in issuing pattadar pass books and title in favour of the petitioners. The 3^rd respondent after issuing notices to all the parties concerned passed order dated 12.12.2019 whereunder dismissed the appeal filed by the respondent Nos.5 & 6 on the ground that they failed to establish genealogy between themselves and the original assignee. While dismissing the appeal the 3^rd respondent cancelled the pattadar pass books and title deeds issued in favour of the petitioners over the subject lands by directing the 4^th respondent to resume the subject land and to amend the entries by incorporating as government lands in revenue records as against the subject lands. The petitioner questioned the said order passed by the 3^rd respondent on the ground that the 3^rd respondent has no jurisdiction to entertain appeal under Section 5 (5) of Act 26 of 1971 filed by respondent Nos.5 & 6 for cancellation of pattadar pass books and title deeds.

6. The respon