IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5094 of 2009 Between: 1 Dr. N.V. Subba Rao S/o. late Venkata Rao D.No. 45-10-12, Near Old City Hospital, Danavaipeta, Rajahmundry. 2 Smt. Dronadula Sarada W/o. Upendra D.No. 39-33-105/6, MIG-56, Madhavadhara, Visakhapatnam - 18. ..... PETITIONERS AND The Revenue Divisional Officer Visakhapatnam Visakhapatnam District. .....RESPONDENT 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 issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the Respondent herein in not disposing the Appeal filed by the Petitioners in RC. No. 2314/2008 on the file of the Revenue Divisional Officer, Visakhapatnam, Visakhapatnam Dist. as arbitrary, illegal and unconstitutional and consequently direct the Respondent herein to dispose off RC.No.2314/2008, pending on his file forthwith. Counsel for the Petitioner: MR.T.NAGARJUNA REDDY Counsel for the Respondent: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.5094 of 2009 ORDER: The petitioners preferred an appeal before the respondent under Section 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’) feeling aggrieved by issuance of pattadar pass books in respect of land to an extent of Acs.5.25 cents in Survey Nos.16/5 to 12 of Kothavalasa village, Bheeminipatnam Mandal, on 29.03.2008. It is stated that the appeal has been numbered since. The grievance of the petitioners is that no orders were passed in the appeal as yet. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. In an appeal filed under Section 5(5) of the Act, the appellate authority has to issue notice to the affected parties and call for the records. This would naturally take some time. Though one year has elapsed, it cannot be said that there is undue delay on the part of the respondent. Be that as it may, issuance of pattadar pass books would have impact on the ownership rights over the property. An early disposal of the appeal would help the parties to effectively exercise such rights. Hence, the writ petition is disposed of directing the respondent herein to pass appropriate orders in the appeal preferred by the petitioners, within a period of four months from the date of receipt of a copy of this order, duly giving an opportunity of hearing to the affected parties. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.16.03.2009 Note: Issue CC in one week. (b/o) VGB