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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
B KRISHNA MOHAN
K. Radhakrishna, S/O K.Venkata Subba Naidu – Appellant
Versus
State Of Andhra Pradesh, Rep. By Principal Secretary, Revenue Department – Respondent
ORDER :
B Krishna Mohan, J.
Heard the learned counsel for the petitioners, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 and the learned counsel for the respondent Nos.4 to 9. The respondent No.10 is the writ petitioner in the second writ petition i.e., W.P.No.7353 of 2021.
2. This writ petition i.e., W.P.No.5678 of 2021 was filed questioning the orders D.Dis.1189/2019/G, dated 17.02.2021 passed by the 2nd respondent as contrary to Section 5 (3) of A.P.Rights in Land and Pattadar Pass Books Act, 1971 and Rule 19(2) of Rules thereunder and contrary to the Full Bench judgment of the erstwhile High Court reported in 2007 (6) ALT 134 and the other decisions in 2015 (6) ALD 609 (DB).
3. The second writ petition i.e., W.P.No.7353 of 2021 was filed by the vendor of the petitioners in W.P.No.5678 of 2021 questioning the same proceedings of the 2nd respondent on the same grounds with the same prayer as pleaded in the first writ petition with respect to the very same subject matter to an extent of Ac.9.47 cents out of Ac.13.90 cents in Sy.No.435-2A and Ac.0.73 cents out of Ac.1.25 cents in Sy.No.437-2 of Chennekothapalli Village & Mandal, Ananthapur District.
4
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.
Pursuant to the A.P. Rights in Land & Pattadar Passbooks Act, cancellation of title deeds without proper notice is illegal, necessitating remand for reconsideration under due process.
The court emphasized that pattadar passbooks must be issued only after valid mutation proceedings, and any orders issued without such proceedings are void.
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.
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