An appeal under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, is not maintainable against the issuance of Pattadar Pass Books and Title Deeds under Section 6-A, as such issuance is consequential to the record of rights and not a substantive determination.

: ORDER :

This writ petition is filed to declare the action of the respondent No.2 in not considering the stay application dated 30.11.2016 filed under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, r/w.151 of CPC to suspend the operation of the orders dated 06.10.2016 passed in ROR Appeal No.1 of 2015 of the respondent No.3 reversing the proceedings dated 15.02.2014 in ROR/6A/8/2013/KGM of the 4th respondent, pending disposal of the revision petition No.1 of 2017 on the file of respondent No.2, as illegal and arbitrary and for consequential relief.

2. Heard Sri S.Madan Mohan Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

3. Learned counsel for the petitioner would submit that the petitioner is the owner and possessor of land bearing Sy.No.81/E, admeasuring Ac.3.00 guntas, situated at Kothagudem Revenue Village and Mandal, Bhadradro-Kothagudem District, having purchased the same under registered sale deed vide document No.1295 of 2012, dated 16.03.2012 from respondent No.5; that the petitioner also purchased land to an extent of Ac.1.00 guntas in Sy.No.81/E, situated at Kothagudem Revenue Village, through registered sale deed vide document No.5264 of 2012, dated 25.09.2012, from respondent No.6; that the petitioner’s name was also mutated in the revenue records as owner and possessor in respect of the aforesaid property. While so, the petitioner made an application dated 31.12.2013 under Section 6-A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘ROR Act, 1971’) to respondent No.4 for issuance of pass books and title deeds in respect of the aforesaid land; that the respondent No.4 conducted enquiry on the application submitted by the petitioner and issued Form 8-A notice under Rule 19(1) of the Andhra Pradesh Rights in land and Pattadar Pass books Rules, 1989; that the Deputy Tahasildar, Kothagudem had also made an endorsement vide endorsement dated 15.02.2014 that no objections were received subsequent to issuance of Form 8-A notice to the petitioner. Ultimately, respondent No.4 issued ROR proceedings bearing ROR/6-A/8/13/Kothagudem, dated 15.02.2014 for issuance of pattadar pass books and title deeds in favour of petitioner in respect of subject lands of the petitioner and petitioner’s name was also entered in 1-B records and petitioner was also issued with pattadar pass books and title deeds by respondent No.4.

4. While the things stood thus, respondent No.4 filed ROR Appeal No.1/2015 under Section 5-B of the ROR Act, 1971, before respondent No.3 and the respondent No.3 vide order dated 06.10.2016, cancelled the pattadar pass books and title deeds issued in favour of the petitioner.

5. Learned counsel for the petitioner would submit that the respondent No.4 being the authority which has issued proceedings for issuance of pattadar pass books and title deeds in favour of the petitioner, ought not to have filed appeal. He further submits that the appeal under Section 5-B of the ROR Act, 1971, is available only to an aggrieved party. Therefore, the respondent No.4 cannot prefer appeal against his own order.

6. Learned counsel for the petitioner further submitted that the petitioner filed Revision under Section 9 of the ROR Act, 1971, before respondent No.2 vide Revision Petition No.1/2017 against the orders passed by respondent No.3 along with an application for interim suspension. However, respondent No.2 did n