(1.) The Writ Petition, namely, W.P.No.3387 of 2021 filed by respondent No.5 in W.A.No.326 of 2020, has been directed to be listed along with W.A.No.326 of 2020 and the same is accordingly listed. The Writ Appeal and the Writ Petition are, accordingly, taken up for consideration together and being disposed of by this common judgment.
(2.) W.A.No.326 of 2020 is presented against the order dtd. 24/3/2020 passed by the learned single Judge in W.P.No.8434 of 2017, whereby the learned single Judge refused to interfere with the order dtd. 17/2/2017 passed by the appellate authority - Revenue Divisional Officer, Visakhapatnam, in ROR Appeal No.10945 /2016. It is further provided that, as complicated question of title is involved in this case, the revenue authorities, except making entries in the revenue records after enquiry, cannot decide the title of the parties and that, therefore, to vindicate their title, the parties shall necessarily resort to a competent Court of civil jurisdiction.
(3.) The appeal was preferred by respondent No.5 under Sec. 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short "the Act" ) to set aside the order dtd. 25/1/2016 passed by the Tahsildar, Bheemunipatnam and to direct the Tahsildar, Bheemunipatnam, to conduct an enquiry afresh by giving him opportunity and thereafter to reflect his name in the web-page as pattadar and enjoyer in the subject land admeasuring an extent of Ac.0.28 cents in S.No.40/2 part of Chepaluppada village, Bheemunipatnam Mandal, Visakhapatnam District.