IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3691 of 2009 Between: 1 I.Eswara Rao, S/o. late Nageswara Rao, R/o.H.No.31-12-14, D.B.K.Street, Machavaram, Vijayawada, Krishna district. 2 Smt. Vandana, W/o.Sri I.Eswara Rao, R/o.H.No.31-12-14, D.B.K.Street, Machavaram, Vijayawada, Krishna district. ..... PETITIONERS AND 1 The Revenue Divisiona Officer, Nalgonda, Nalgonda District. 2 The Tahsildar, Chinthapally Mandal, Nalgonda District. 3 Smt. Varikuppala Ramulamma, W/o. late Krishnaiah, R/o. Vinjamoor Village, Chinthapally Mandal, Nalgonda District 4 Varikuppala Narasimha, S/o. late Krishnaiah, R/o. Vinjamoor Village, Chinthapally Mandal, Nalgonda District 5 Varikuppala Narasimha, S/o. late Krishnaiah, R/o. Vinjamoor Village, Chinthapally Mandal, Nalgonda District 6 Varikuppala Jangaiah, S/o. late Krishnaiah, R/o. Vinjamoor Village, Chinthapally Mandal, Nalgonda District 7 Varikuppala Pullaiah, S/o. Sri Ramulaiah, R/o. Vinjamoor Village, Chinthapally Mandal, Nalgonda District 8 Varikuppala Venkataiah, S/o. Sri Ramulaiah, R/o. Vinjamoor Village, Chinthapally Mandal, Nalgonda 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 to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the Orders passed by the 1st Respondents vide Proceedings B/3010/2007, Dated 28-1-2009 in an appeal filed by the Respondents 3 to 6 against the Orders passed by the 2nd Respondent vide Proceedings No./B/703/2006, Dated 11- 4-2007, as illegal, arbitrary and non-application of mind and set aside the same and pass Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : O R D E R: The Tahsildar, Chinthapally Mandal, Nalgonda District, the second respondent herein, passed an order dated 11-04-2007 making certain entries in the revenue records in favour of one Varikuppala Ramulu and respondents 7 and 8. Aggrieved thereby, respondents 3 to 6 preferred an appeal before the Revenue Divisional Officer, Nalgonda District, the first respondent herein. The appeal was allowed vide proceedings dated 28-01-2009. The petitioners claim that they have purchased the land in Survey Nos.889/2, 893/1 and 889/2/1 of Vinjamoor Village of Chinthapally Mandal from Varikuppala Ramulu, the father of respondents 7 and 8. They feel aggrieved by the orders dated 28-01- 2009 and assail the same on several grounds. Heard learned counsel for the petitioners and learned Government Pleader for Revenue. The petitioners claim right through one Varikuppala Ramulu, who figured as respondent No.1 in the proceedings before the first respondent. It is stated that Ramulu is no more and the proceedings were initiated against a dead person. Even if the same is true, the petitioners can avail the remedy of revision under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short “the Act”). They can put forward all their contentions both, on facts, and in law. The Joint Collector will be in a better position to appreciate the matter after verification of the record. Hence, the writ petition is disposed of leaving it open to the petitioners to avail the remedy of revision under Section 9 of the Act against the order dated 28-01-2009, passed by the first respondent. If the revision is presented within four (4) weeks from today, it shall be entertained without raising any objection as to limitation and jurisdiction and it shall be decided after issuing notice to the affected parties. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J Dated 25th February, 2009 vrn