THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.25942 of 2007 Date:19.07.2010 Between: Peketi Babji and another. ………..Petitioners. AND The Joint Collector, East Godavari District and others. ………Respondents. THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.25942 of 2007 ORDER: This writ petition has been filed by the petitioners, who are two in number, with a prayer to issue mandamus declaring the proceedings in R.DIS/D9/803/2007, dated 24.10.2007 passed by the Joint Collector, East Godavri District at Kakinada-1st respondent as arbitrary and illegal. The petitioners claim to be the owners and possessors of land to an extent of Ac.3.26 cents in Sy.Nos.82, 87 and 158/2 of Mangithurthi Village of Pithapuram Mandal, East Godavari District. According to them, they got the property in a partition with the members of the family on 16.5.1985. Their father died on 23.9.2005 due to brain hemorrhage in Care Hospital, Kakinada. The petitioners made an application to the Tahsildar, Pithapuram Mandal, Pithapuram-3rd respondent on 1.2.2006 for issuance of Pattadar Pass Book and Title Deeds, enclosing the Partition Deed. The 4th respondent who is the mother of the petitioners raised an objection for grant of Pattadar Pass Book in favour of the petitioners. She pressed into service the Will executed by her husband namely; Peketi Venkanna @ Rajabbai on 1.8.2005. The 3rd respondent granted Pattadar Pass Book overruling the objections raised by the 4th respondent. Thereupon, the 4th respondent filed an appeal before the Revenue Divisional Officer, Kakinada, East Godavari District. The 2nd respondent allowed the appeal by setting aside the order passed by the 3rd respondent. Thereupon, the petitioners filed a revision before the Joint Collector, East Godavari District, Kakinada. The Revisional Authority disposed of the revision directing the parties to approach the competent Civil Court to decide the question of title and right, and, after getting clear title from the Civil Court, the concerned person is at liberty to approach the revenue authorities for further course of action. The order passed by the Revisional Authority is assailed in this writ petition. Rule nisi came to be issued on 6.12.2007. The 4th respondent filed counter. It is stated in the counter affidavit that the disputes between her and her sons have been settled and that she has no objection for grant of Pattadar Pass Books in favour of the petitioners. Heard learned counsel appearing for the parties. The revisional authority proceeded to direct the parties to get the title established through the competent Court, and, thereafter, approach the recording authority for further course of action. Since the disputes between the parties are stated to have been settled, they are at liberty to approach the Mandal Revenue Officer, Pithapuram, East Godavari District for grant of Pattadar Pass Book by making fresh application. With the above direction, the writ petition is disposed of. No costs. _______________________________________ JUSTICE B. SESHASAYANA REDDY Date:19.7.2010 mrb