Civil Court decrees are binding on revenue authorities who must act upon them without delay, as per Section 8(2) of the Andhra Pradesh Right in Land and Pattadar Pass Book Act, 1971.

ORDER

Heard, learned counsel for the petitioner and Sri.H.Rakesh Kumar, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal.

2. This writ petition has been filed seeking the following prayer:-

“to declare the inaction of the 4^th respondent working as 3^rd respondent in implementing the Civil Court decree in O.S.No.29 of 2007 dated 27.09.2014 passed by the court of Senior Civil Judge at Wanaparthy, to carryout necessary amendments in records of rights in favour of writ petitioner and others as ordained therein, as deliberate failure of the 4^th respondent in discharging his official duties as 3rd respondent which is wrong, illegal and unconstitutional and due to which the writ petitioner have suffered loss of rights for so long the respondents may be directed to take immediate steps to honour and act to carryout the declarations/directions infavour of the writ petitioner contained in the said decree, and grant a sum of Rs.5,00,000/ as reasonable compensation /damages to the writ petitioner.”

3. Brief facts stated in this writ petition are that petitioner filed OS.No.29 of 2007, for partition of the land admeasuring Ac.6.04 gts in Sy.No.741/A and Ac.3.13 gts in Sy.No.740/A, situated at Wanaparthy and the learned Senior Civil Judge, Wanaparthy, granted preliminarily decree and subsequently final decree was passed on 27.09.2014 in I.A.No.557 of 2007 in O.S.No.29 of 2007. The case of the petitioner is that the petitioner on 17.11.2015, made an application and requested respondent No.2 to implement the final decree dated 27.09.2014 and carryout necessary amendments in records of rights in her favour. Thereafter, the respondent No.2 vide letter in file No.D1/20/2016 dated 05.01.2016, directed the respondent No.3 to implement the final decree dated 27.09.2014 and incorporate necessary changes in record of rights in respect of subject property. Further case of the petitioner is that being on the seat of respondent No.3, the respondent No.4, in terms of the letter dated 05.01.2016, ought to have implemented the final decree dated 27.09.2014, however, the same was not implemented. Thus, the petitioner issued legal notice dated 24.06.2016 on respondent Nos.3 and 4 calling upon him to implement the final decree dated 27.09.2014 in OS.No.29 of 2007 and when the same was not implemented, petitioner filed this writ petition.

4. Learned counsel for the petitioner would submit that the matter had attained finality and no appeal is preferred against the final decree dated 27.09.2014 in O.S.No.29 of 2007. It is further submitted that Section 8(2) of the then Andhra Pradesh Right in Land and Pattadar Pass Book Act, 1971 , mandates that the Civil Court decree is binding upon the revenue authorities and in terms of the same, the authorities has to make necessary changes in the revenue records and due to inaction of respondent No.4 in incorporating necessary changes in record of rights, the petitioner is not able to enjoy the benefits in respect of the subject property. Hence, pray this Court to direct the respondent No.3 and 4 to act on the respondent No.2 letter dated 05.01.2016 and incorporate necessary changes in record of rights in favour of the petitioner.

5. Learned Assistant Government Pleader appearing for respondents submits that if the letter dated 05.01.2016 in file No.D1/20/2016 is not implemented, the respondent authorities may be directed to implement the same and pass appropriate orders in accordance with law.

6. Recording the submissions made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the respondent authoriti