ORDER :

Heard Sri Harender Pershad, the learned counsel for the petitioner and learned Government Pleader for Revenue.

2. This writ petition is filed to issue a writ order or direction more particularly one in the nature of writ of certiorari calling for the records pertaining to impugned notice No C/2671/2012, Dated 31-01-2015 issued by 2nd Respondent and consequently quash the said notice and proceedings initiated there under as being arbitrary, illegal, without jurisdiction, violative of Articles 14 and 21 of The Constitution of India and as being contrary to A P Rights in Land and Pattadar Pass Books Act 1971 and the rules made there under.

3. The order of this court dated 04.03.2015 passed in W.P.M.P No. 7203 of 2015 in W.P. No. 5413 of 2015 is extracted as hereunder:

“Order:

The averments in the writ affidavit are to the effect that the petitioner was granted pattadar passbook after mutation of his name in the revenue records in the year 1997; and the respondents 4 and 5 appears to have approached the 2nd respondent by way of an appeal. Prima facie, such an appeal is not maintainable by the 2nd respondent.

In that view of the matter, pending disposal of the writ petition, there shall be interim stay of all further proceedings before the 2nd respondent.

The petitioner’s counsel shall take out personal notice to respondents 4 and 5 by RPAD and file proof of service.”

PERUSED THE RECORD :

4. The Impugned Notice issued by the office of Revenue Divisional Officer, Gadwal vide No.C/2671/2012, dated 31.01.2015 is as follows:

“Please take notice that the above mentioned case is posted for hearing on 07.02.2014 at 03.00 P.M. before the Revenue Divisional Officer, Gadwal. You are therefore advised to appear before the Revenue Divisional Officer, Gadwal on the said date and time to adduce evidence in support of your claim, other wise the matter will be decided basing the material available on record.”

5. The representation to the office of Revenue Divisional Officer, Gadwal by Harijan Karna and Harijan Lalanna, dated 08.08.2012 i.e. respondents 4 and 5 is as follows:

“In reference to the above subject, we Harijan Karna S/o. Gokari aged 40 years, Harijan Lalanna, S/o. Gokari aged 42 years, Occ: Agriculture, R/o. Kurnool request you that our native is kondair village and when we were minors our elders purchased land in Sy.No’s. 155 & 156 from its owner K. Narasing Rao, S/o. Pedda Subbaiah vide Sale Deed No.204/1980, 205/1980 registered at SRO, Alampur and paid sale consideration also. Old pattadar passbooks in our names were issued. Later due to drought our family had to migrate to Kurnool for livelihood.

Presently we returned to our village and requested the authorities to rectify the names in the revenue records over subject land and issue pattadar passbooks and title deeds and the authorities are not responding. Presently the land is in fallow condition and our financial condition is not good to cultivate the land. To obtain bank loan title deed and passbook are required, as such by conducting enquiry our names may be implemented in the ROR and Pahanis and kindly issue title deed and passbooks.”

DISCUSSION & CONCLUSION :

6. A bare perusal of representation dated 08.08.2012 addressed to the 2nd Respondent herein by the Respondents No.4 & 5 (extracted above) clearly indicates that the request of the Respondents No.4 & 5 pertain’s to rectification of the names in the Revenue records in respect of land in Sy.No.155 & 156 and to issue pattedar passbooks and title deeds. It is the specific case of the Respondents No.4 & 5 that they have purchased the subject land in the year 1973 and registered sale deeds were executed in their favour in the year 1980. Section 4 of A.P. Rights & Pattedar Passbooks and Title Deeds Act, 1971 clearly indicates a period of 90 days for updation of records from the date of acquisition of the subject property by the person acquiring the said right. In the present case admittedly the sale deeds have been executed in favour