Revisions under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 do not have strict time limits, allowing for equitable considerations in land mutation disputes.

ORDER :

D. RAMESH, J.

The present writ petition is filed aggrieved by the orders dated 01.06.2024 passed by the 2^nd respondent-revisional authority.

2. The petitioners and respondent No.6 are all brothers and they are the absolute owners of the land for an extent of Ac.31.61 cents in R.S.No.115 of Palacherla Village, Rajanagaram Mandal, East Godavari District. The said land has been acquired by them under different sale deeds from different independent owners from 1997 to 2010. Accordingly, their names were entered in revenue records mentioning the extent of land by each person. Out of Ac.31.61 cents, an extent of Ac.4.48 cents of land was acquired under Land Acquisition Act and rest of Ac.27.13 cents have been in physical possession and enjoyment of the petitioners.

3. The 5^th respondent has approached this Court and filed W.P.No.25568 of 2018 questioning the inaction of respondent No.4 in considering her representation made on 17.05.2017 for correction of revenue records over the land for an extent of Ac.4.65 cents instead of Ac.3.13 cents. The said writ petition was disposed of on 11.07.2023 giving liberty to the petitioner therein/5^th respondent herein to file an appeal/revision before the appropriate authority regarding her claim to mutate her name against the land of an extent of Ac.4.78 cents. Consequent to the disposal of the said writ petition, the 5^th respondent has filed a revision before the 2^nd respondent under Section 9 of the Andhra Pradesh Rights and Land and Pattadar Pass Books Act, 1971 (for short, „the Act‟) making all the petitioners and the 6^th respondent herein as respondent Nos.2 to 8 wherein they have filed their counter taking an objection that the 2^nd respondent has no authority to entertain the revision filed under of the Act. But the revisional authority, without considering the facts mentioned in the counter filed to the revision petition, allowed the revision with the following directions:

“In the exercise of powers conferred under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, the Court is hereby issued orders that the Tahsildar, Rajanagaram is directed to delete the entire pattadars in R.S.No.115 except Chagalanadu Canal extent Ac.6.13 cts and to mutate the land an extent of Ac.6.49 cts in favour of the revision petitioner who is having enjoyment Ac.7.77 cts. The Tahsildar, Rajanagaram is also directed to mutate the land for Ac.1.26 cts in R.S.No.115 in the name of Endowment department as the above land is also marked in Prohibited Properties list of 22-A(1)(e) of Registration Act, 1908 and also mutate the balance extent to Jetti family after taken assent and confirmation of boundaries as per the documents and physical possession and issue necessary record of rights as per rules in vogue.”

4. Aggrieved by the said orders, the present writ petition is filed.

5. The said orders were assailed on three grounds. The first ground raised by the learned counsel for the petitioners is that the revision is not maintainable if at all the 5^th respondent has any grievance in mutation/entries made in favour of the petitioners and the 6^th respondent herein, she ought to have filed an appeal before the Revenue Divisional Officer but not the revision before the 2^nd respondent. The second ground is that the 5^th respondent has approached the 4^th respondent for mutation of her name for total extent of Ac.4.78 cents beyond limitation prescribed under the Act. Hence, the revisional authority is not entitled to entertain the revision without considering the delay. The third ground raised by the learned counsel for the petitioners is that the total extent of land in R.S.No.115 purchased by petitioners and the 6^th r