M. Balakrishna Vs State of Ap

HON’BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.5831 of 2018

ORDER:

The petitioner challenges the order of the 4^th respondent in Rc.No.219/2017(A), dated 15-05-2017, wherein the 4^th respondent recommended for cancellation of pattadar passbooks issued in favour of the petitioners in respect of subject lands, and consequential notice in ROR Appeal No.1/2017, dated 30-01-2018 issued by the 3^rd respondent

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Learned counsel for the petitioners submits that the 3^rd respondent has no power to entertain the appeal filed by the unofficial respondents and call for the report from the 4^th respondent and the 4^th respondent has no power to submit the report basing on the directions of the 3^rd respondent that too deciding the title dispute. He relies on the judgment of Ratnamma v. Revenue Divisional Officer, Dharmavaram (2015 (6) ALD 609) (DB).

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Heard Sri N.Subba Rao, learned counsel for the 5^th and 6^th respondents and learned Assistant Government Pleader for Revenue.

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In view of the law laid down in Ratnamma’s case stated supra, the 3^rd respondent has no jurisdiction entertain the appeal filed by the unofficial respondents.

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In view of the same, writ petition is allowed and the impugned order is set aside. However, it is open for the 5^th and 6^th respondents to avail alternative remedy of revision under Section 9 of A.P.Rights in Land and Pattadar Passbooks Act.

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As a sequel to the disposal of this petition,

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miscellaneous petitions, if any, pending shall stand closed.

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_________________________ A.RAJASHEKER REDDY,J

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29-10-2018 Note: Issue CC in one week. B/o. Nvl

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M. Balakrishna v. State of Ap

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M. Balakrishna v. State of Ap

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