Subbammal Vs the District Collector

Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 4 to cancel the patta issued in favour of respondents 6 to 8 vide No. 615 pertaining to the lands (i) and (ii) namely: (i) All the piece of land in all measuring 19 acres 53 cents comprised in Survey No.169-1 situated at village No.48

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WP No. 18205 of 2023

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Venugopalapuram village, Tiruttani Taluk, Thiruvallur District and (ii) All the piece of lands in all measuring 1 acre 12 cents comprised in Survey No.169-2 situated at village No.48, Venugopalapuram village, Tiruttani Taluk, Thiruvallur District and restore the patta to the original owner Gangarapu Nagi Reddi.

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For Petitioner(s) : Mr.D.Ashok Kumar For Respondent(s) : Mr.T.K.Saravanan, AGP for R1 to 4 R6 to 8 – N/R/N R5- Died (Steps due)

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ORDER

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This writ petition is filed to direct the respondents 1 to 4 to cancel the patta issued in favour of respondents 6 to 8 vide No. 615 pertaining to the lands (i) and (ii) namely: (i) All the piece of land in all measuring 19 acres 53 cents comprised in Survey No.169-1 situated at village No.48 Venugopalapuram village, Tiruttani Taluk, Thiruvallur District and (ii) All the piece of lands in all measuring 1 acre 12 cents comprised in Survey No.169-2 situated at village No.48, Venugopalapuram village, Tiruttani Taluk, Thiruvallur District and restore the patta to the original owner Gangarapu Nagi Reddi.

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Learned counsel for the petitioners would submit that the property measuring an extent of 20 acres 65 cents belongs to first petitioner’s husband viz., Gangarapu Nagi Reddy and the patta was also stands on his name. After his demise, the first petitioner intended to sell the said property and at that point

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of time, she came to know the fact that the patta was wrongly issued in favour of respondents 6 to 8 in respect of aforesaid property. Hence, the petitioners made an appeal before the District Revenue Officer (DRO) dated 19.12.2017.

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However, the same was pending, as on date. Hence, this writ petition.

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Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that though the petitioners have filed an appeal before the District Revenue Officer (DRO), the same was forwarded to the Revenue Divisional Officer (RDO), who has conducted an enquiry and passed an order on 22.01.2025. In the event the petitioners are aggrieved over the said order, they can very well challenge the same, by way of filing a fresh appeal before the District Revenue Officer (DRO). Further, he would submit that, a title dispute between the petitioners and the respondents 6 to 8 is also pending before the Hon’ble Supreme Court of India. Accordingly, he prays for appropriate orders.

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Heard the learned counsel on either side and perused the materials available on record.

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In the case on hand, the petitioners appeal dated 19.12.2017 to cancel the patta issued in favour of the respondents 6 to 8 was considered by the Revenue Divisional Officer (RDO) and order was also passed on 22.01.2025. As rightly submitted by the learned Additional Government Pleader appearing

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for the respondents, the right course available to the petitioners is to challenge

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the order passed by the Revenue Divisional Officer (RDO) dated 22.01.2025, by

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way of filing an appeal before the District Revenue Officer (DRO).

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In view of the above, this Court issues the following directions:

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(i) The petitioners are directed to file an appeal before the District Revenue Officer (DRO) by challenging the order dated 22.01.2025, passed by the Revenue Divisional Officer (RDO), within a period of four weeks from the date of receipt of a copy of this order;

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(ii) On such filing, the District Revenue Officer (DRO) is directed to consider the same and pass appropriate orders on merits and in accordance with law, within a period of eight weeks thereof.

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