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.

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 2^nd 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 2^nd 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. Hence common order is passed as under.

5. The learned counsel for the petitioners submitted that the petitioners jointly purchased the subject lands vide registered sale deed Doc.No.820/2017, dated 07.09.2017 from the 10^th respondent/ the petitioner in the 2^nd writ petition and others. The said vendors acquired rights over the said property by way of inheritance from Smt. B.Yellamma who purchased the said property by registered sale deed Doc.No.1629/1959, dated 01.08.1959. Thus the petitioners obtained pattadar pass books and title deeds vide khata No.1542 for the subject lands as per the enjoyment and the same is detailed as under:

6. Eversince, the petitioners are in possession and enjoyment of the subject lands. While so, at the instance of the respondent Nos.4 to 9, their claimed family member Smt. Bhagyamma filed petition/complaint before the 2^nd respondent for cancellation of pattadar pass books and title deeds issued in favour of the petitioners. In turn, the revenue authorities without giving prior notice to the petitioners usurping the powers of civil court, passed the impugned orders dated 17.02.2021. As per the said impugned orders, one Smt. Bhagyamma, wife of Gandluri Ramaiah filed a petition before the 2^nd respondent for cancellation of pattadar pass books and title deeds issued in favour of the vendor of the petitioners i.e., the 10^th respondent, wherein admittedly the petitioners names are also reflected in the revenue records (1-B ROR, PPB/TD) which were issued by revenue authorities in favour of the petitioners in pursuance of the registered sale deed Doc.No.820/2017, dated 07.09.2017. Surprisingly, all of a sudden, by way of the above said impugned action dated 17.02.2021, the 2^nd respondent directed the 3^rd respondent to take necessary action for deletion of revenue entries in respect of the subject lands contrary to Section 5 (3) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 and Rule 19(2) of the Rules thereunder. Thus violated the Full Bench decision of the erstwhile High Court reported in 2007 (6) ALT 134 (F.B.) and the judgment of the erstwhile High Court reported in 2015 (6) ALD 609(D.B.).

7. The learned counsel for the petitioners submits that wherever there is a serious dispute of title or claims of rival title, revenue authorities have to direct the parties to approach the civil court for redressal. Further the authorities have to show refrain from proceeding with th