HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.13657 OF 2009 WEDNESDAY, THE 2RD DAY OF SEPTEMBER, 2009 Between: Thakur Balaji Singh. …Petitioner. And: 1. The Revenue Divisional Officer, Peddapally, Karimnagar District and another. ….Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.13657 OF 2009 ORDER: This writ petition is filed by the petitioner seeking to declare the inaction of the 2nd respondent-Tahsildar in not disposing of the appeal filed by the petitioner on 5-10-2004 as illegal, arbitrary and consequently direct the 1st respondent to consider and pass appropriate orders on the above said appeal. The case of the petitioner in brief is as follows: The petitioner is the grandson o Thakur Narsing Bhanu Singh who died 23 years back leaving him. His father Hanuman Singh died 33 years back prior to the death of the grand father of the petitioner. During the life time of his grand father, he succeeded to the lands bearing Sy.No.526 and 527 admeasuring Ac.18-30 Gts. along with one Tulja Bai and Devender Singh under Tenancy Act. To that effect, the then Revenue Divisional Officer, Peddapally issued a Certificate of ownership under Section 38-E of A.P. (Telangana Area) Tenancy and Agrl. Lands Act in favour of the grandfather of the petitioner and Tulja Bai and Devender Singh. The above referred two persons have equal shares i.e.,Ac.6-10 Gts each out of Ac.18-30 Gts. The grandfather of the petitioner cultivated his 1/3rd share land till his death and after his death being the sole legal heir of his grandfather, the petitioner succeeded the same. Taking advantage of the absence of the petitioner in the village, the revenue records were tampered and illegal entries were made in respect of the said land. Since he was residing at Korutla Metpally, he did not look after the lands personally. In August, 2003, when he came to know that the 2nd respondent-Tahsildar passed an order to issue pass book in favour of the said Devender Singh and Anasuya Bai in respect of the land in question, One Smt. Bhanumathi had filed an appeal aggrieved by the said order of the Mandal Revenue Officer before the Revenue Divisional Officer, Peddapally. The 2nd respondent-Tahsildar did not give any notice or opportunity to the petitioner to submit his objections/claims over the said land. In this connection, the petitioner presented a representation dated 25-08-2003 to the 1st respondent-Revenue Divisional Officer to set aside the order of the 2nd respondent-Tahsildar in Procs.No.B/5390/02 dt.5-11-2002 and mutate his name in the revenue records. When there was no action on the part of the 1st respondent-Revenue Divisional Officer, the petitioner approached this Court by filing writ petitionNo.20816 of 2003. On 26- 09-2003, this Court disposed of the said writ petition directing the 1st respondent herein-Revenue Divisional Officer to either consider the application of the petitioner herein pending appeal or the appeal itself filed by the pattedar after hearing the petitioner and other effected parties and dispose of the same within a period of four weeks from the date of receipt of the said order. On 12-11-2003, the 1st respondent-Revenue Divisional Officer disposed of the appeal under Section 5-B of A.P. Record of Rights in Lands and Pattedar Pass Books Act, 1971 which runs as follows: “In view of the above, the (2) appeals covered by this matter are hereby disposed while setting aside the orders passed by the Lower Court with regard to issue of PPB/TD for Ac.3.00 Land out of Sy.No.526/1 as claimed by the 3rd respondent as an extent of Ac.12.20 cents of land out of Sy.No.526 & 527 (including Sy.No.526) was already mutated during 1980-81 and his name has already been recorded as pattedar. Further, the Mandal Revenue Officer, Peddapalli is hereby directed to take immediate necessary action with regard to the mutation of the land to an extent of Ac.6-10 cents in the name of the petitioner Sri Thakur Balaji Singh on filing required documents relating to the matter to settle his claim immediately and the petitioner is directed to approach the Mandal Revenue Officer, Peddapalli within (15) days by filing the required documents.” Thereafter, the 2nd respondent-Tahsildar Vide Memo No.B/6678/2002 dated 26-06-2004 called upon the petitioner to submit the documentary evidence in support of the orders issued by the 1st respondent-Revenue Divisional Officer for taking necessary action. Accordingly, the petitioner submitted the same. Vide Memo dt.6-8-2004, the 2nd respondent-Tahsildar passed the orders to the effect that there is no land in balance in Sy.No.526 pertaining to Mr.Narasingban Singh to mutate the same in favour of the petitioner. Aggrieved by the said order dated 6-8-2004 passed by the 2nd respondent-Tahsildar, the petitioner preferred an appeal under Sub-Section 5 of Section 5 of the A.P.Rights in Land and Pattedar Pass Books Act, 1971 before the 1st respondent- Revenue Divisional Officer on 5-10-2004. Since 5-10-2004, the appeal filed by the petitioner did not see the light of the day nor advanced in any manner. Hence, he filed the writ petition seeking to declare the inaction of the 2nd respondent-Tahsildar in not disposing of the appeal filed by the petitioner on 5-10-2004 as illegal, arbitrary and consequently, direct the 1st respondent-Revenue Divisional Officer to consider and pass appropriate orders on the above said appeal. The learned Government Pleader did not file any counter. Having regard to the facts and circumstances of the case and the averments made in the affidavit filed in support of the writ petition, without going into the merits of the case, I feel it just and proper to direct the 1st respondent-Revenue Divisional Officer to dispose of the matter within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of directing the 1st respondent-Revenue Divisional Officer to dispose of the matter within a period of two months from the date of receipt of a copy of this order. No costs. ________________________ Justice G.CHANDRAIAH Dated 23rd September, 2009. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.13657 OF 2009 Dated 23rd September, 2009.