GUDI CHANDRAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Since the issue involved in both the Writ Petitions and the parties are same, this Court is inclined to dispose of both the Writ Petitions by way of this common order.

(2.) Writ Petition No.7114 of 2011 is filed questioning the notice in Ref.No.B/95/2021 dtd. 10/3/2021 issued by the 4th respondent-Tahsildar directing the writ petitioner to appear before him along with the documents, which are possessed by her regarding the land of an extent of Acs.2.83 cents in Sy.No.496/2 on the application/representation made by Puli Venkata Ramana, who is arrayed as 5threspondent herein. On the ground that once the application submitted under Sec. 4(1) of the Act, 1971, having exercised the power under Sec. 5(3 of the Act, 1971, the Tahsildar would ceases to be an authority and the person felt aggrieved with such mutation and issuance of the pattadar passbook and title deeds, is entitled to avail the remedy provided under Sec. 5(5) of the Act, 1971, before the 3rdrespondent or to invoke the remedy available under Sec. 8(2) of the Act, 1971, and hence, the Tahsildar being a primary authority cannot review his own order which was passed having exercised the powers conferred under Sec. 5(3) of the Act, 1971, and the impugned notice does contain any provision of law and hence, prayed to set aside the impugned notice dtd. 10/3/2021.

(3.) Writ Petition No.16496 is filed assailing the order dtd. 29/7/2021 passed by the 3rdrespondent-Revenue Divisional Officer directing the petitioner herein to appear before him on 6/8/2021 with all relevant records for conducting survey. Aggrieved by the said order, the present Writ Petition came to be filed on the ground that as per the provisions of Sec. 11 of the Andhra Pradesh Survey and Boundaries Act, 1923 (hereinafter called, ?the Act, 1923) and the circular in RC.No.N1/6543/99 dtd. 25/7/2001, as well as the Board Standing Orders BSO 34-A, the 3rdrespondent-Revenue Divisional Officer, who is an appellate authority, and whereas the Tahsildar, who is competent authority to issue such notice for conducting survey and demarcation is casted on the Tahsildar. Hence, the said notice is quite contrary to the above provisions of the Act, 1923, and prayed to allow the Writ Petition by setting aside the notice dtd. 29/7/2021.