HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.17799 OF 2009 Date:26.08.2009 Between: Gouse .... Appellant. And: The Revenue Divisional Officer, Narayanapet, Mahaboobnagar District and 2 others ....Respondents. HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.17799 OF 2009 ORDER: This writ petition is filed seeking a writ of mandamus, declaring the mutation order issued by the 2nd respondent in favour of the 3rd respondent in respect of the land in Survey No.45/A situated at Pagidimarri village, Utkoor Revenue Mandal, Mahaboobnagar, as arbitrary and illegal. According to the petitioner, he is the owner and possessor of an agriculture land, admeasuring Ac.4-14 gts, in Survey No.45/A, situated at Venkatapur Sivaaru of Pagidimarri Village, Utkoor Revenue Mandal, Mahaboobnagar District, having purchased the same from its previous pattadar, Smt Khasim Bee, through a sale deed, bearing document No.1067 of 1999, dated 14.9.1999. The grievance of the petitioner is that the 2nd respondent even without issuing any notice either to the petitioner or to his vendor, illegally granted mutation in favour of the 3rd respondent, though the latter has no right whatsoever over the said land. Later, based on the said order, the 3rd respondent obtained mutation order by misrepresentation of facts. Therefore, the mutation proceedings, issued by the 2nd respondent to the 3rd respondent, are in violation of the provisions contained under Section 5 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for brevity “the Act”). Aggrieved by the said mutation order, the petitioner has already filed an appeal, bearing Appeal No.499 of 2001 before the 1st respondent under Section 5-B of the Act. Since then, the 1st respondent had been adjourning the matter from time to time till 16.9.2006 and thereafter, no date of hearing was given. Therefore, this writ petition is filed. Under those circumstances, without expressing any opinion on merits, the 1st respondent is directed to dispose of Appeal No.499 of 2001, purported to have been filed by the petitioner and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order, after hearing the petitioner and others concerned, on its own merits. Accordingly, this Writ Petition, is disposed of. No order as to costs. ________________ C.V.RAMULU,J August 27, 2009. Note: Issue CC by one week. //BO// Gk/Ksld. HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION NO.17799 OF 2009 ORDER: DATE:27.08.2009. Gk/ksld.