IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27870 of 2008 Between: Ajmeera Uda S/o. Chimka R/o. Kothapalli Village, Kataram Mandal, Karimnagar District. ..... PETITIONER AND 1 Aitha Bapu Reddy S/o. Rajaiah R/o. Kothapalli Village, Kataram Mandal, Karimnagar District. 2 Aitha Pochi Reddy S/o. Rajaiah R/o. Kothapalli Village, Kataram Mandal, Karimnagar District. 3 The Tahsildar Kataram Mandal, Karimnagar District. 4 Revenue Divisional Officer Manthani Division Manthani, Karimnagar 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 issue writ of certiorari or any other appropriate writ calling for the records pertaining to order dt.28-10- 2008 in Appeal No.A/580/2008 passed by Respondent No.4 confirming the proceedings B/729/08 dt.29-7-2008 granting Patta and Possession certificate and also the validation certificates in F. No. B/1010/98 dt. 28-2-2004 and 1-3-2004 issued by R-3 and quash the same holding the same as illegal, arbitrary inviolation of principles of natural justice and against the provision of Section 5A & 5B of AP Rights in Land & Pattadar Pass Book Act 1971 and rule 22 of AP Rights in Land and Pattedar Rules 1989. Counsel for the Petitioner:SRI A.RAJASEKHAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.27870 of 2008 ORDER: The petitioner is allegedly owner and possessor of land admeasuring Acs.2.14 in survey No.16 of Kothapalli Village, Kataram Mandal in Karimnagar District. He succeeded to the said property, which originally belonged to his grandfather, Ajmera Shivaram Naik. Statedly, his name is entered in the pahanies from 1999-2000 to 2007-2008. In April 2008 he came to know about the proceedings at the behest of respondent Nos.1 and 2 under Section 5A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (the Act, for brevity). He applied for the validation certificates, which were issued to him in June 2008. He then preferred an appeal under Section 5-B of the Act before the fourth respondent, who by impugned order dated 28.10.2008 dismissed the appeal observing that respondent Nos.1 and 2 are in possession and raised crops in the lands, and that the sada sale deeds were validated according to law. Aggrieved by the said order, the present writ petition is filed. Learned Counsel for the petitioner submits that no enquiry was conducted by the third respondent in accordance with Rule 22A(1) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Rules, 1989 (the Rules, for brevity), and that petitioner was not given notice before passing validation orders. Per contra, learned Assistant Government Pleader for Revenue (Telangana Area) submits that an effective alternative remedy of revision under Section 9 of the Act is available, and therefore, writ petition cannot be entertained, especially, when there are disputed questions of fact. This Court after perusing the material and hearing arguments of learned Counsel is of considered opinion that the questions raised herein require verification of records as to issue of notices validly to the petitioner and procedure followed in accordance with the Rules. This can be best verified by the revisional authority under Section 9 of the Act. Therefore, while ordering status quo for a period of two weeks with regard to entries in revenue records, possession and title of the land, petitioner is given liberty to prefer a revision under Section 9 of the Act before the Joint Collector, Karimnagar, within a period of ten days from today. If the petitioner fails to obtain any order by the Joint Collector – revisional authority; within stipulated time, interim order of status quo granted shall stand rescinded. The Writ Petition is disposed of accordingly. No costs. _____________ (V.V.S.RAO, J) 24.12.2008 Note: Issue C.C by 26.12.2008. B/o. vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KBJ}