IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 19760 of 2005 Between: P. Ramakrishna Reddy, S/o. Late Pedda Ramaiah, r/o. Mangapatnam Village, H/o. Sodanapalli Village of Narpala Mandal, Anantapur ..... PETITIONER AND 1 The Joint Collector & Addl. District Magistrate Anantapur A.P. 2 The Revenue Divisional Officer, Anantapur. 3 The Mandal Revenue Officer Narpala Mandal, Anantapur District. 4 The Station House Officer, Narpala Mandal, Anantapur District. 5 P. Sreerami Reddy, S/o. Pedda Ramaiah, r/o. Sodanapalli Village, Narpala Mandal, Anantapur. 6 Smt. P. Obulamma, W/o. Chinna Ramaiah, r/o. Sodanapalli Village, Narpala Mandal, Anantapur. .....RESPONDENT(S) 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 call for records relating to proceedings Rc. No. B/231/2005 dated 22-7-2005 passed by the 3rd respondent and issue an order or order or writ more particularly one in the nature of Writ of Certiorari declaring the proceedings arbitrary, illegal and ultravires. Counsel for the Petitioner: M/S. C.KODANDA RAM Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- This writ petition is filed for a writ of certiorari to quash the Proceedings dated 22.7.2005 issued by the 3rd respondent-Mandal Revenue Officer. Heard Smt.N.Sasikala, learned counsel for the petitioner, the learned Assistant Learned Government pleader for Revenue appearing for the respondents 1 to 3, and Sri O.Manohar Reddy, learned counsel for respondents 5 and 6 and perused the record. The petitioner and respondent Nos.5 and 6 are at loggerheads in connection with certain properties of Sodanapalli village, Narpala Mandal, Ananthapur District. The 3rd respondent, by his order, dated 31.8.2002, amended the record of rights in favour of respondents 5 and 6. The petitioner filed an appeal against the said order before the 2nd respondent, who dismissed it by his order, dated 2.4.2005. The petitioner claimed that against the said order he filed a revision petition before the 1st respondent and the same is pending. The petitioner felt aggrieved by the impugned proceedings of the 3rd respondent whereby he requested the 4th respondent to provide police protection to respondents 5 and 6 and required the petitioner to show the nature of right he possesses in the property with reference to the record. At the hearing, the learned counsel for the petitioner submitted that the 3rd respondent has no jurisdiction whatsoever to issue the impugned proceedings to the 4th respondent. Having heard the submissions of the learned counsel for both the parities, I am inclined to accept the contention of the learned counsel for the petitioner. Neither the impugned order nor the counter filed by the Tahsildar, Narpala Mandal, traced the power of the 3rd respondent to issue directions or making a request to the 4th respondent to provide police protection to respondents 5 and 6 to any statutory or executive power. The dispute between the petitioner and respondents 5 and 6 is purely civil in nature. Under Section 5 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, the power of the 3rd respondent is limited to making corrections in the revenue records either by amending the record or by updating it and once that power is exercised, he becomes functus officio and it is beyond his power and jurisdiction to issue proceedings of the nature he issued to the 4th respondent. In this view of the matter, the impugned proceedings are quashed and the 4th respondent is restrained from acting on the proceedings. This order is without prejudice to the rights of respondents 5 and 6 to raise the respective pleas in the revision said to be pending before the 1st respondent. In the result, the writ petition is allowed. No costs. ________________________ C.V.NAGARJUNA REDDY, J. 9th July, 2008 bcj