APPIKONDA APPA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Sri Y.V. Sudhakar, learned counsel for the appellants, the learned Government Pleader for Revenue, appearing for respondents 1 to 6 and Sri Anup Koushik Karavadi, learned counsel appearing for respondent No.7.

(2.) The names of the appellants are said to have been entered in the revenue records in respect of Ac.0.30 cents of land in Sy.No.358 of 2015 of Nagavaram Village, Munagapaka Mandal, Visakhapatnam District. The 7th respondent, being aggrieved by the entering of the names of the appellants, had approached the Revenue Divisional Officer, Anakapalli, under Sec. 5(5) of the A.P Records of Rights in Land and Pattadar Pass Books Act, 1971 (hereinafter referred to as 'the Act') for correction of the entries. The appellants, had opposed the said appeal on the ground that an appeal under Sec. 5(5) of the Act would only be available against an order passed by the Tahsildar whereas the present appeal was filed against the entries made in the revenue records and not against any specific order of the Tahsildar. The 5th respondent-Revenue Divisional Officer passed an order dtd. 31/3/2022 in Rc.No.1198/2020/D, allowing the appeal of the 7th respondent with a direction to the Tahsildar to take action accordingly. The Revenue Divisional Officer had relied upon the partition decree dtd. 19/1/2010 in O.S.No.27 of 2003 and subsequent sale deeds for order in such a correction.

(3.) Aggrieved by the said order, the appellants moved this Court, by way of W.P.No.14013 of 2022 contending that such an appeal was not maintainable and as such, the Revenue Divisional Officer ought not to have heard the appeal or passed the impugned order.