The Revenue Divisional Officer lacks jurisdiction to exercise suo motu powers under the RoR Act, which is reserved for the Collector, emphasizing adherence to statutory procedures.

ORDER :

J. Sreenivas Rao, J.

1. W.P.(PIL) No.198 of 2016 is filed questioning the inaction of the respondents in implementing the proceedings No.C1/89/2014 dated 01.05.2015 passed by the Revenue Divisional Officer-respondent No.4 to restore the original entries of classification, pattadar and occupant column of the lands in Sy.No.23 (Ac.13.22 gts.) and Sy.No.24 (Ac.36.32 gts.,) totalling Ac.50.14 gts., situated at Mamidigi Village, Nyalkal Mandal, Sanga Reddy Division of Medak District as 'Talab Cheruvu Sarkari', with reference to the Khasra Pahani 1954-55.

1.1. W.P.Nos. 14448 and 14698 of 2015 are filed questioning the order passed by the Revenue Divisional Officer dated 01.05.2015 vide Proceedings No.C1/89/2014, in respect of land to an extent of Acs.29.37 gts., out of total extent of Ac.50.14 gts.

2. Heard Smt. B.Rachna Reddy, learned senior counsel for the petitioner in W.P.(PIL) No.198 of 2016, Sri P.Vijay, learned counsel for the petitioners in W.P.No.14448 of 2015, Sri K.B.Ramanna Dora, learned counsel for the petitioners in W.P.No.14698 of 2015 and Sri Pottigari Sridhar Reddy, learned Special Government Pleader attached to the office of learned Advocate General appearing for the official respondents.

3. Since the parties are questioning the order dated 01.05.2015, all three writ petitions are heard together and are being disposed of by this common order. For the facility of reference, W.P.(PIL) No.198 of 2016 is being referred.

Brief facts of the case:

4. The claim of the petitioner is that the property to an extent of Ac.50.14 gts. covered by Sy.Nos. 23 and 24 (hereinafter referred to as 'the subject property') originally classified as 'Talab Cheruvu Sarkari' and in pattadar column, it was recorded as 'Sarkari Shikam', whereas in occupant column, it was recorded as 'Talab/Cheruvu/Tank'. The same was altered and converted as patta land in the year 1959-60 in the absence of any proceedings issued by the competent authority exercising the powers conferred under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 ('RoR Act' for brevity). The petitioner and other villagers have submitted application in Prajavani before respondent Nos. 3 to 5. Basing on the said application, the Revenue Divisional Officer after due verification of the records, after conducting enquiry and basing on the report submitted by the Tahasildar passed impugned order dated 01.05.2015 exercising the powers conferred under Rule 13(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Book Rules, 1989 ('the Rules' for brevity) for correction of the entries and restoration of the original classification. The petitioner submitted a representation before respondent Nos. 3 to 5 requesting them to implement the orders passed by the Revenue Divisional Officer. In spite of the same, the respondents have not taken any steps. At this juncture, the petitioner had approached this Court and filed the writ petition by way of Public Interest Litigation.

5. Learned counsel for the petitioners in W.P.Nos. 14448 and 14698 of 2015 vehemently contended that the Revenue Divisional Officer is not having authority or jurisdiction to initiate the proceedings while exercising the powers under Rule 13(2) of the Rules, especially after lapse of more than 55 years. The impugned order passed by the Revenue Divisional Officer is contrary to the provisions of the RoR Act and also law. In support of their contention, they relied upon the judgment of the Hon'ble Supreme Court in Joint Collector, Ranga Reddy District and another v. D.Narsing Rao and others (2015) 3 SCC 695 and the judgment of this Court in Peddi Sailaja and another v. State and others (2014) 2 ALD 246.

6. Learned Special Government Pleader contended that the subject property is recorded as 'Sarkari Shikam' in the Khasra Pahani for the year 1954-55 and it was specifically classified as 'Talab Cheruvu Sarkari" and in occupant column it was mentioned as 'Talab/Cheruvu/Tank'. The names of peti