BIMIDI YELLA REDDY Vs. JOINT COLLECTOR II

JUDGEMENT

(1.) THE petitioner seeks a writ of mandamus by declaring the impugned proceedings vide Case No. D5/4302/2004, dated 7. 2. 2006 of the 1st respondent and the proceedings No. A2/ 1161/2000, dated 27. 1. 2004 of the 2nd respondent and also the Memo No. B/498/2005, dated 9. 2. 2005 of the 3rd respondent, as illegal and arbitrary and consequently to direct the respondents 1 to 3 to continue the names of the petitioner and coparceners in the revenue records in respect of Sy. No. 50 to an extent of Acs. 3. 08 guntas situated at Badangipet village, Saroornagar Mandal, Ranga Reddy district.

(2.) RESPONDENTS 4 to 7 herein who are the legal heirs of Harila and their mother smt. Sivaraja Bai filed an appeal before the Revenue Divisional Officer, Ranga reddy East Division under Section 5 (5) of the A. P. Rights in Lands and Pattadar Pass books Act, 1971 for correction of the records in Sy. No. 50 admeasuring Ac. 03. 08 guntas situated at Badangipet Village in the pahanies for the years 1986-87 to 1991-92 and 1996-97 alleging that for the said years the names of the writ petitioner and others were entered in the pahanies. The revenue Divisional Officer, Ranga Reddy east Division by order dated 27. 1. 2004 in case No. A2/l161/2000 ordered the appeal to record the name of Sri Madanlal father of the petitioner as pattadar in the pahanies for the years 1986-87 to 1991-92 in respect of Sy. No. 50 (3-08) of Badangipet Village while deleting the name of the writ petitioner herein and others, so also in the pahanies for the years 1996-97 and also ordered the pattadar pass books and title deeds issued in favour of the writ petitioner and his family members in respect of Sy. No. 50 of badangipet Village to be cancelled.

(3.) IT is stated that aggrieved by the said order of the Revenue Divisional Officer dated 27. 1. 2004, the petitioner and others filed revision before the Joint Collector, ranga Reddy under Section 9 of the A. P. Rights in Land and Pattadar Pass Books act, 1971 and the Joint Collector by order dated 7. 2. 2006 in Case No. D5/4302/2004 after hearing both parties suspended the order dated 27. 1. 2004 passed by the R. D. O. in file No. A2/l161/2000 on 27. 8. 2005. It is stated that during the pendency of the appeal and during the operation of stay orders, the Mandal Revenue Officer, Saroornagar vide Memo dated 9. 3. 2005 pursuant to the order of the R. D. O. , though it was under operation as on 9. 3. 2005, directed to delete the names of the writ petitioner and others from the records and cancelled the pattadar pass books and title deeds issued in favour of the petitioner and others and entered the names of the respondents 4 to 7 in the revenue records. It is stated that ultimately the revisional authority disposed of the Revision Case No. D5/4302/2004, dated 7. 2. 2006 stating that it is not proper for the revisional authority to enquire and decide the disputed questions which can be decided by the Civil Court as the dispute falls within the scope of Section 8 (2) of the Act and accordingly the parties were referred to civil Court to get their respective claims adjudicated and accordingly the parties were given liberty to approach the revenue authority for appropriate relief under the Act.