IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 11025 of 2008 Between: 1 Smt. B. Padma W/o. Venkataiah R/o. Gajara Village, Vangoor Mandal, Mahaboobnagar District. 2 Smt. S. Kavitha W/o. Mallaiah @ Mallesh R/o. Gajara Village, Vangoor Mandal, Mahaboobnagar District. 3 Smt S. Rama Devi W/o. Srinivasulu R/o. Gajara Village, Vangoor Mandal, Mahaboobnagar District. ..... PETITIONERS AND 1 The Joint collector, Mahaboobnagar, Mahaboobnagar District. 2 The Revenue Divisional Officer, Nagarkurnool, Mahaboobnagar District. 3 Narmalla Parvathulu S/o. Balaiah R/o. Lingala Road, Achampet Mandal, Mahaboobnagar District. 4 The Tahsildar, Balmur Mandal, Mahaboobnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.1 in not disposing the stay petition filed by the petitioners on 31.03.2008 against the order of respondent No.2 in proceedings No. K/ROR/1051/2007 dt. 12.09.2007 as illegal and arbitrary and consequently set aside the order of respondent No.2 in proceedings No. K/ROR/1051/2007 dt. 12.09.2007 Counsel for the Petitioners:MR.C.B.RAM MOHAN REDDY Counsel for the Respondent Nos.1,2 &4: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.11025 of 2008 ORDER: Three petitioners purchased land admeasuring Acs.2.12 gts in survey No.115 situated at Polisettipalli Village, Balmur Mandal, Mahaboobnagar District, under three registered sale deeds dated 28.03.2005. They approached Mandal Revenue Officer for alteration of record of rights in their favour. Fourth respondent rejected their request for mutation. Therefore, they preferred an appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (the Act, for brevity) before second respondent. By order dated 05.01.2006 their appeal was allowed and fourth respondent was directed to implement the registered documents under which petitioners purchased property. About two years thereafter second respondent passed another order on 12.09.2007 purportedly acting on a report sent by fourth respondent dated 16.08.2007 requesting second respondent to continue name of third respondent in respect of survey No.115 admeasuring Acs.2.12 in record of rights. Second respondent then passed orders on 12.09.20007 to continue name of third respondent in record of rights. This was challenged by petitioners before first respondent under Section 9 of the Act by filing revision petition on 31.03.2008 along with application for stay of proceedings of second respondent dated 12.09.2007. As no orders are passed immediately petitioners filed instant writ petition seeking a direction to first respondent to pass necessary orders on the stay petition and also set aside proceedings of second respondent dated 12.09.2007. This Court, while ordering notice before admission on 22.05.2008 suspended impugned order of second respondent dated 12.09.2007 for a period of four weeks. It is brought to the notice of this Court that in furtherance of order of suspension fourth respondent issued pattadar passbooks and title deeds to petitioners and they are in possession of the property. In the meanwhile one Narmalla Balamma filed W.P.M.P.No.29924 of 2008 for impleamdment, which is ordered today by adding her as fifth respondent. Her case is that she purchased land admeasuring Acs.2.31 gts in survey No.115/UU from third respondent and though her sale was implemented by fourth respondent pursuant to orders of suspension passed by this Court, entries were deleted by fourth respondent. She is not a party before Joint Collector in pending revision. Heard learned counsel for petitioners, learned Assistant Government Pleader for Revenue (General-Telangana Area) and learned counsel for fifth respondent. There is a controversy with regard to land purchased by fifth respondent in survey No.115 subsequent to purchase of land in said survey number by petitioners. There is also dispute as to the power of second respondent to entertain the matter after he exercised his power under Section 5(5) of the Act. Petitioners in paragraph 7 of writ affidavit alleged that when they brought the grievance to the notice of first respondent, he promised to look into the matter but the date of hearing was not fixed. In that view of the matter it would not be proper for this Court to express any opinion on these two questions. It is for revisional authority to consider these aspects and pass appropriate orders. It may not be out of place to mention that Section 9 of the Act confers power on the Collector/Joint Collector to call for and examine the record of any recording authority/MRO/RDO in respect of any record of rights so as to satisfy himself as to the regularity, correctness, legality or propriety of any decision taken. Order passed by second respondent under Section 5(5) of the Act certainly is a matter which falls within jurisdictional aspect of Section 9 of the Act. Therefore, instead of keeping the matter pending Joint Collector should immediately pass necessary orders after hearing petitioners, third respondent and fifth respondent. Petitioners are given liberty to approach Joint Collector without waiting for further notice. While ordering status quo obtaining as on today, Joint Collector is directed to dispose of revision filed by petitioners against orders of second respondent dated 12.09.2007 within a period of ten days from the date of receipt of a copy of this order. With the above observations and directions, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 16th December, 2008 Note: Issue CC in two days. (B/o) GHN To 1 The Joint collector, Mahaboobnagar, Mahaboobnagar District. 2 The Revenue Divisional Officer, Nagarkurnool, Mahaboobnagar District. 3 The Tahsildar, Balmur Mandal, Mahaboobnagar District. 4 2CCs to GP for Revenue 5 2CD copies Form-NIC-OGS/WP{MSN}