ORDER

This petition is filed under Article 226 of the Constitution of India, seeking the following relief:-

“….to issue writ order or direction more particularly one in the nature of writ of Certiorari call for the records relating to and in connection with the impugned endorsement in Rc.No.2914/2013/D5 dated 27.09.2014 of the 2nd Respondent confirming the order of the 3rd Respondent vide proceedings in Rc.No.1029/2007/H dated 29.09.2007 and to declare the same as illegal, arbitrary, contrary to the principles of natural justice and relevant provisions of A P Rights in Land and Pattadar Passbooks Act, 1971 and consequently quash the same …”

The brief facts which lead to filing of the present Writ Petition are that the petitioner’s father is one of the Hindu Joint family holder of the various extents of the property, over and above to an extent of Ac.11.21 cents in different survey numbers situated at Nidamarru Village, Mangalagiri Mandal, Guntur District and all the family holders have equal shares in the said properties. While so, the petitioner’s father with an evil motive have sold away an extent of Ac.1.33 cents in survey No.89 of Nidamarru village, Mangalagiri Mandal, Guntur District to the vendor of the 5th respondent herein which is an ancestral property of the joint family detrimental to the interest of the other co-sharers.

The petitioner anticipating the conduct of her father have filed O.S.No.116/2003 on the file of Junior Civil Judge, Mangalagiri, Guntur District, for partition of the joint family properties in relation to the above stated properties against his father and other co-shareholders, which was dismissed on 17-02-2010 and the same was also confirmed in Appeal Suit No.14/2010 on the file of Senior Civil Judge, Mangalagiri, by judgment dated 23.08.2011. Challenging which, the petitioner filed S.A.No.1580/2011 before this Court, wherein this Court has granted Interim Status-quo orders on 09-07-2012 and the said Second Appeal is pending for further consideration before this Court.

During pendency of the suit proceedings, the petitioner came to know about the mutation of the name of the 5th respondent in the revenue records only when a written statement was filed by the 5th respondent in O.S.No.116/2003. Thereafter, the petitioner requested the 4th respondent herein to serve the mutation proceedings and as there was no response from the 4th respondent, the petitioner filed W.P.No.23733/2005 before this court, which was disposed of on 28-07-2006 directing the MRO, Mangalagiri to give a letter to the petitioner to that effect, which should be the cause of action to the petitioner to prefer an appeal before jurisdictional RDO., Guntur against the entries made in respect of the land in survey No.89 of Nidamarru Village, Mangalagiri Mandal, Guntur District. Incompliance to the Orders of this Court, the 4th respondent made an endorsement vide R.C.No.657/2005/B dated 11.08.2006, which was served on petitioner on 16-08-2006 vide postal cover and aggrieved by the said endorsement, the petitioner preferred an appeal before the 3rd respondent on 09-10-2006 within 60 days from the date of receipt of the said endorsement from the 4th respondent. The 3rd respondent being appellate authority under the AP Rights in Land and Pattadar Pass Books Act, 1971 passed the present impugned order in ROR Appeal No.1029/2007/H, dated 29.09.2007 stating that the petitioner has preferred an appeal on 10-09-2006, which is not within the limitation of 60 days from the date of issuance of pattadar passbooks and title deeds in favour of the 5th respondent. The 3rd respondent though have rejected the appeal of the petitioner on the ground of barred by limitation, the same rejection order was not served on her. The main grievance of the petitioner is that the said appeal was disposed of even without providing opportunity of hearing the petitioner, as no date of hearing were fixed by RDO., Guntur and without following due process of law as contempl