IMPORTANT POINT
The main legal point established is the requirement of notice and opportunity of hearing to the petitioner before passing orders under Sec.5(3) of the A.P. Record of Rights in Land and Pattedar Passbooks Act, 1971.

ORDER :

Heard the learned senior designate counsel, Sri E.Madan Mohan Rao, on behalf of the petitioner and learned Government Pleader on behalf of the respondents No.1 to 4 and learned Senior designate counsel Sri B.Chandrasen Reddy on behalf of unofficial respondents No.5 to 12.

2. This Writ Petition is filed to issue a Writ of Certiorari to call for records relating case no. D1/3112/2017 dated 17.05.2019 on the file of the Respondent no.2, vide Case No. D1/3112/2017 dated 17.05.2019.

3. The Case of the petitioner in brief, is as follows:

a) Petitioner’s father and respondent Nos. 7 to 9 were real brothers and children of Paila Ramaiah. Paila Ramesh, Chakali Narasaiah, Chakali Saianna and Manchala Pochaiah were in the possession and enjoying the lands in Sy.No. 8, 9 and 10 situated at Narasampally Village as absolute owners as Protected Tenants.

b) The Revenue Divisional Officer confirming the same had issued the Ownership Certificate as Protected Tenants vide B/264/LRE/75 dated 15.05.1975 to the legal heirs of the above mentioned 4 (Four) persons, admeasuring Ac.11-31 gts in Sy.No 8, Ac.0.11 gts in Sy.No.9 and Ac.1.31 gts in Sy.No 10.

c) Accordingly, in pursuance to the issuance of certificate, the Revenue Authorities have accorded the sanction of mutation individually and land admeasuring Ac.2.37 gts in Sy.No.8, Ac.0.02 ¼ in Sy.No.9 and Ac.0.18 gts in Sy.No.10 was mutated in favor of the elder son of Paila Ramaiah i.e., Pailla Bal Reddy.

d) Paila Ramaiah died leaving two sons i.e., Father of the petitioner and Mr. Paila Bal Reddy, who had jpintly and eqally succeeded the above property. Both the sons during their lifetime had orally partitioned all the properties including the land admeasuring Ac.2.37 gts in Sy.No. 8, Ac.0.2 ¼ in Sy.No.9 and Ac.0.18 gts in Sy.No.10, in equal shares.

e) The said partition had been reduced to writing in the presence of Village elders on 07.12.1986 and pursuant to the said partition both the sons (including the father of the petitioner) came to the possession, enjoyment and enjoyed as the absolute owners.

f) Pursuant to the partition, the late father of the petitioner got the Land Admeasuring Ac.1.18 ½ gts out of Ac.2.37 gts in Sy.No.8, Ac.0.01 ¼ gts out of Ac.2 ¼ gts in Sy.No. 9 and Ac.0.08 ¾ out of Ac.0.18 gts in Sy.No.10, a total of land admeasuring Ac.1.28 ½ gts (would be referred to as Partitioned Property herein).

g) After the petitioner’s father deceased, the petitioner succeeded the partitioned property, and the petitioner is in possession of the partitioned property and hence the petitioner had filed an application before the 4th respondent for incorporating the petitioner’s name in the Revenue Records.

h) After proper conduction of enquiry, following due procedure, and also taking into consideration the MRI report, the, mutation had been sanctioned in favor of the petitioner vide proceedings No.B/248/2003 dated 21.06.2004.

i) Despite the pattadar Pass Book and Title deeds being in favor of the petitioner, respondent no.4 did not issue Pahanies in favor of the petitioner. Aggrieved, petitioner had filed W.P. No. 32940 of 2012 and the court vide orders dated 17.10.2022 directed the 4th respondent to consider the petitioner’s case for issuance of pahanies.

j) Taking advantage of the fact that the name of the petitioner, is not entered into pahanies, respondents no. 7 to 9 had transferred the lands in Sy.No. 8 and 10 to respondent no.10 and respondent sold the subject land to Respondents NO. 5, 6 and 11. The subject land had in turn been sold to respondent no.12 and the names of these respondents are included in the revenue records without issuing any notice to the petitioner herein.

k) Aggrieved by the action of respondent no.4 in, incorporating the names of Respondent nos. 5, 6, 11, & 12, petitioner had filed an Appeal before Respondent no.3 under section 5(5) of A.P. Rights in Land & Pattedar Pass B