THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.20376 and 29420 of 2009 Dated:08.06.2010 Between: Sri Surender Reddy, And others. ...Petitioners And The Revenue Divisional Officer, Nirmal, Adilabad District, And others. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.20376 and 29420 of 2009 COMMON ORDER: The petitioners and the contesting respondents are in lis in respect of land admeasuring Acs.115.31 guntas in Survey Nos.1 to 5 and 7 to 9 of Mysampet Village, Kaddam Mandal in Adilabad District. The petitioners claim that they purchased the land under five unregistered sale deeds and got the sale regularized under Section 5- A of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (the Act), by reason of the orders passed by Tahsildar. Aggrieved by the same, the rival claimants, respondent Nos.3 to 8, made an application to the Revenue Divisional Officer based on which it appears the Revenue Divisional Officer, Nirmal, initiated proceedings purportedly under Section 9 of the Act. Aggrieved by the same, the petitioners filed W.P.No.20376 of 2009 questioning the jurisdiction of the Revenue Divisional Officer to entertain the revision under Section 9 of the Act. Respondent Nos.3 to 8 yet again filed an appeal under Section 5-B of the Act before the Revenue Divisional Officer, Nirmal. The Revenue Divisional Officer then issued a notice, being No.B/2989/2009, dated 11.12.2009. Contending that entertaining the appeal after expiry of a period of thirty days is without jurisdiction, W.P.No.29420 of 2009 is filed for a mandamus restraining the Revenue Divisional Officer from entertaining and proceeding with the appeal. This Court passed interim orders on 22.09.2009 in the interlocutory application filed along with W.P.No.20376 of 2009 suspending the proceedings of the Revenue Divisional Officer. Interim orders were also passed by this Court staying the appeal proceedings in the other writ petition. Respondents moved W.V.M.P.No.287 of 2010 for vacating the interim order passed in W.P.No.29420 of 2009. As the issue is in a narrow field the matter is finally heard and is being disposed of. This Court heard the Counsel for the petitioners, Counsel for the respondents and the Assistant Government Pleader. A plain reading of Section 9 of the Act shows that the revisional jurisdiction is vested in the District Collector (Joint Collector who deals with revenue matters), to call for and examine the record of either recording authority or Mandal Revenue Officer or Revenue Divisional Officer. Such power does not inhere in the Revenue Divisional Officer who is constituted as an appellate authority under Section 5(5) and/or 5-B of the Act. Therefore, any proceedings initiated by the Revenue Divisional Officer under Section 9 of the Act are without jurisdiction. Insofar as the other writ petition is concerned, the petitioners failed to demonstrate that the Revenue Divisional Officer suffers from the inherent lack of jurisdiction, and therefore, a writ restraining him from exercising statutory functions under Section 5-B of the Act cannot be granted. Whether the Revenue Divisional Officer can entertain appeal under Section 5-B of the Act after expiry of period of limitation prescribed under Section 5-B of the Act is a matter which has to be agitated by the petitioners notwithstanding any order statedly passed by the Revenue Divisional Officer condoning the delay without issuing notice to the petitioners. The petitioners are given liberty to raise such a ground at the time of hearing of the appeal and the Revenue Divisional Officer shall consider the issue of limitation as a preliminary issue and pass necessary orders. In the result, W.P.No.20376 of 2009 is allowed, and W.P.No.29420 of 2009, subject to the above observations and directions, is dismissed. The Revenue Divisional Officer is directed to dispose of the matter within a period of three months from the date of receipt of a copy of this order. The parties are given liberty to approach the Revenue Divisional Officer with a copy of this order. ____________ (V.V.S.RAO, J) 08.06.2010 Note: Issue C.C in one week. B/o. vs