IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12835 of 2008 Between: Kusureddy Satyavathi D/o.Late Kannayamma R/o.Kondagokiri village Koyyuru Mandal, Visakhapatnam District ..... PETITIONER AND 1 The Sub Collector, Paderu, Visakhapatnam District 2 The Tahsildar,Koyyuru, Visakhapatnam District 3 Kudumula Narayana Rao S/o.Not known to the petitioner R/o.Kondagokiri village, Koyyuru Mandal, Visakhapatnam District .....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 to issue appropriate writ or order or direction more particularly one in thenature of writ of mandamus declaring the action of the repsondents in evicting the petitioner from the land to an extent of Ac.3.80 cents in Sy.No.53/1 of Kondagokiri village, Koyyuru Mandal, Visakhapatnam District in pursuance of the order passed by the 1st respondent in ROR Appeal No.2/2005 dated 5.10.2007 as illegal, arbitrary, and unjust and consequently direct the respondents not to evict the petitioner from the above mentioned lands in the interest of justice and to pass Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 12835 of 2008 Order: The petitioner states that she is in possession and enjoyment of an extent of Ac.3-80 cents of land situated in Survey No. 53/1 of Kondagokiri village, Koyyuru Mandal, Visakhapatnam District, which was purchased by her father under a registered sale deed dated 14.04.1967. She states that after the death of her father, the said land devolved on her mother, who cultivated the same till her death in the month of January 2008, and the 2nd respondent-Tahsildar also granted pattadar passbook and title deed in the name of her mother in the year 2002. The petitioner states that after the death of her mother, she succeeded to the land in question, as she is the only legal heir, and has been in possession and enjoyment of the same. While so, it is the case of the petitioner that the 1st respondent, namely the Sub-Collector and ROR Appellate Authority, Paderu, Visakhapatnam District, vide orders dated 05.10.2007 passed in ROR Appeal No. 2 of 2005, filed by one late Kudumula Nookalamma, cancelled the pattadar passbook and title deed already issued in favour of her mother in respect of the land in question, and under the guise of the said orders, the respondents are now trying to evict her from the land in question. Questioning the said action of the respondents the petitioner filed the present writ petition. When the matter is taken up for admission, learned Assistant Government Pleader for Revenue, on instructions, submitted that as against the impugned order dated 05.10.2007, passed by the 1st respondent, namely the Sub-Collector and ROR Appellate Authority, Paderu, a revision under Section 9 of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’), lies to the Joint Collector, but the petitioner without availing the said remedy has approached this Court directly. Learned counsel for the petitioner agreed to avail the said remedy. In view of the agreed stand taken by the learned counsel for the petitioner, I deem it appropriate to dispose of the writ petition with the following directions: The petitioner is directed to avail the remedy of revision available to her against the impugned order under Section 9 of the Act before the Joint Collector, within a period of four weeks from today. Till such time, status quo obtaining as on today shall be maintained. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 20.06.2008 Note: Issue CC on priority basis (B/O) Nsr