GUNDARAPU NARASIMHULU ALIAS NARISIMHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) ASSAILING the issuance of pattadar Pass Books and title deeds issued by the 3rd respondent, namely the Mandal revenue Officer, Anantapur (Tahsildar), in respect of an extent of Acs. 5-29 cents in sy. No. 192 of Akkampalli Village, Anantapur mandal, in favour of respondent Nos. 4 to 6, the petitioner preferred appeal before the revenue Divisional Officer, Anantapur, who by order dated 28. 10. 2006, cancelled the pattadar Pass Books, issued by the 3rd respondent, in favour of respondent Nos. 4 to 6, and remanded the matter to him, for de novo enquiry and for finalization of the ownership of the land. Aggrieved by the said order, respondent Nos. 3 to 6 filed revision before the 2nd respondent, namely the Joint Collector, Anantapur, and the same is pending in File No. R. C. No. D4/5869/ 2006. While the case is pending, it is the case of the petitioner that the 2nd respondent, passed the impugned order dated 31. 5. 2008, directing the 3rd respondent to inspect the land in question and ascertain as to who is in physical possession thereof and send his enquiry report.

(2.) THE learned Counsel for the petitioner submitted that the scope and power of revision under Section 9 of the A. P. Rights in Land and Pattadar Pass Books act, 1971 (hereinafter referred to as 'the act'), is very limited, and the authority exercising such revisional power, cannot appoint an official to note down the physical possession of the land and call for a report, and as such, the order passed by the 2nd respondent, directing the 3rd respondent to inspect the land in question and ascertain as to who is in physical possession thereof, is without jurisdiction, illegal and arbitrary.

(3.) THE learned Government Pleader for Revenue appearing on behalf of official respondent Nos. 1 to 3 submitted that the power of revision is conferred on the revisional authority under Section 9 of the act, and Section 10 of the Act provides that a recording authority or an appellate authority or any other officer for the purpose of holding any enquiry under the Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the matters enumerated thereunder, while rule 26 (6) of the Rules made therunder, provides that title deed or pass book shall be given only to those persons who are in actual possession of the land. He thus submitted that if the provisions of Section 10 of the Act are read with the provisions of rule 26 (6) of the Rules made thereunder, it would become clear that the power of the revisional authority, is very wide, and since to grant title deeds are to be given only to persons who are in actual possession of the land, no exception can be taken to the impugned order passed by the 2nd respondent, directing the 2nd respondent to ascertain as to who is in physical possession of the land and submit his report.