Writ petition instituted to restrain Tahsildar from processing a land title claim which is subject of a pending civil suit. Held that statutory appeal and revision remedies permit the Tahsildar to conduct an enquiry first; writ dismissed. Thin.6002022002220110718
Writ petition is dismissed at the admission stage.
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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO
WRIT PETITION NO.20022 OF 2011
18th July 2011. BETWEEN: INDURU KAMALAMMA .. PETITIONER AND THE STATE OF A.P., REP. BY ITS DISTRICT COLLECTOR (REVENUE) NELLORE, SPSR NELLORE DIST. AND OTHERS .. RESPONDENTS
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO
WRIT PETITION NO.20022 OF 2011
O R D E R :
This writ petition is instituted seeking, in essence, to refrain the 3rd respondent-Tahsildar, Chillakur Mandal, SPSR Nellore District from processing the claim of 4th respondent for grant of Pattedar Pass Book and title deeds in respect of lands of an extent of Ac.5.57 cents situated at Ankulapaturu village, Chillakur Mandal, SPSR Nellore District. The writ petitioner apprehends that the Tahsildar might succumb to the pressures of 4th respondent and grant the Pattedar Pass Book and title deeds in his favour with regard to the lands in question, which is incidentally the subject matter of a civil suit in O.S.No.219 of 2010 on the file of Senior Civil Judge, Gudur, to which the 4th respondent is the sole defendant.
If the 4th respondent has made a claim for grant of Pattedar Pass Book and title deeds for the lands in question the 3rd respondent-Tahsildar is bound to conduct an enquiry into the matter for which purpose he has already issued a notice dated 24.1.2011 to both the petitioner herein as well as 4th respondent fixing the date of hearing as 29.1.2011. Therefore, it is for the Tahsildar to be satisfied about the genuineness of the claim, if any, made by the 4th respondent and then pass appropriate orders. If the writ petitioner in any manner is aggrieved of the decision of the Tahsildar, under section 5 of The Andhra Pradesh Rights in Land and Pattedar Pass Books Act, 1971 there is an appeal and there is a revision thereafter provided under section 9 of the said Act. Therefore, on a mere apprehension that injustice is likely to
be done by the Tahsildar, the petitioner cannot invoke this court by instituting this writ petition.
Leaving all rights to the petitioner to agitate and workout his remedies in accordance with law, this writ petition is dismissed at the admission stage.
Dt: 18-07-2011. ( NOOTY RAMAMOHAN RAO, J )
tnb
THE HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO
WRIT PETITION NO.20022 OF 2011
18TH July 2011.
1 issue framed by the court
Whether a writ petition can be invoked on mere apprehension of injustice when statutory remedies under the Andhra Pradesh Rights in Land and Pattedar Pass Books Act are available.
2 provisions across 1 enactments
Induru Kamalama
The State of A.P., Rep. by its District Collector (Revenue) Nellore
SPSR Nellore Dist. and Others
Nooty Ramamohan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
