IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 20025 of 2008 Between: 1 Billa Suseela W/o. Abraham R/o. Devarapalli Village, Parchur Mandal, Prakasam District. 2 Kurapati Saramma W/o. Nathanu R/o. Kodavalilvaripalem Village, Karamchedu Mandal, Prakasam District. 3 Palathoti Raju S/o. Chandrapaul R/o. Devarapalli Village, Parchur Mandal, Prakasam District. 4 K. Lakshminarayana S/o. Govindaiah R/o. Devarapalli Village, Parchur Mandal, Prakasam District. 5 Palathoti Rajendra S/o. Chandrapaul R/o. Devarapalli Village, Parchur Mandal, Prakasam District. ..... PETITIONERS AND 1 The District Collector, Prakasam District, Ongole. 2 The Revenue Divisional Officer, Ongole, Prakasam District. 3 The Tahsildar, Parchur, Prakasam 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 an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent authorities in not granting pattadar passbooks and title deeds for an extent of Ac.1.11 cents in Sy.No.29/1 in favour of the 1st petitioner; for an extent of Ac.1.00 cents in sy.No.160/6 in favour of the 2 nd petitioner; for an extent of Ac.1.04 cents in Sy.No. 160/6 in favour of 3rd petitioner; for an extent of Ac.1.00 cents and ac.1.50 in sy.No. 29/1 in favour of 4th petitioner; for an extent of Ac.1.04 cents in sy.No. 160/6 in favour of 5th petitioner; situated at Devarapalli Village, Purchur Mandal, Prakasam District pursuant the applications dated 29.04.2008 and 27.08.2008 submitted by the petitioners, as arbitrary, illegal, null and void, against the principles of natural justice and contrary to the provisions of ROR Act and violative of Articles 14, 19 and 300-A of Constitution of India. Counsel for the Petitioners: MR.BALAJI MEDAMALLI ORDER: This writ petition is ﬁled by the petitioners stating that they have purchased various extents of lands in Sy.Nos.29/1 and 160/6 situated at Devarapalli Village, Parchur, Prakasam District from their vendors under registered sale deeds on diﬀerent dates in the year 2004 and since then they are in possession and enjoyment of the lands. While so, they made representations to the 3rd respondent – Tahsildar, Parchur Mandal seeking issuance of pattadar pass books and title deeds in the year 2004. At that time one D.Ramanaiah has also ﬁled a petition before the 3rd respondent seeking issuance of pattadar pass books and title deeds in respect of the very same lands. His petition was dismissed vide orders dated 2.10.2004. Questioning the same, he ﬁled two appeals before the 2nd respondent – Revenue Divisional Oﬃcer, Ongole, Prakasam District which were also dismissed vide orders dated 6.11.2004. The grievance of the petitioners is that even though the appeals ﬁled by the said Ramanaiah have been dismissed by the appellate authority, the respondents are not issuing the pattadar pass books and title deeds in their favour. Hence this writ petition. Heard the learned counsel for the petitioners, the learned Government Pleader for Revenue and at their request the writ petition itself is taken up for ﬁnal disposal at the admission stage. The learned Government Pleader on instructions submits that in fact, the said Ramanaiah had ﬁled a civil suit O.S.No.14 of 1997 on the ﬁle of the Senior Civil Judge Court, Parchur stating that the subject matter of lands were inherited to his father from his ancestors and that they were joint family properties and as such his father has no right to alienate the said properties and the gift deeds executed by his father in favour of several other persons are also null and void as he is only a shareholder as per Hindu Succession Act. The said suit was dismissed on 26.9.2003 and basing on the said judgment, the then Mandal Revenue Oﬃcer issued pattadar pass books in favour of the vendors of the petitioners and questioning the same, the said Ramanaiah preferred two appeals in the Court of the Revenue Divisional Oﬃcer, Ongole, which were dismissed on 6.11.2004 and aggrieved by the same, a revision was ﬁled by him before the Joint Collector, Ongole and it is yet to be disposed of. It is also stated that the gift deed holders (the vendors of the petitioners) have also ﬁled suits in O.S.Nos.16 of 1994 and 113 of 1994 on the ﬁle of the Principle Junior Civil Judge, Parchur for permanent injunction over the subject matter of lands. The said suits were dismissed and the matter was carried in appeals in A.S.Nos.20 and 1997 and 21 of 1997 on the ﬁle of the Senior Civil Judge, Parchur and the said appeals were also dismissed. Subsequently, second appeals in S.A.No.580 and 280 of 1998 were ﬁled before this Court and the same were pending. Since the lands in question are subject matter of appeals before this Court and revision before the Joint Collector, it is stated that pattadar pass books were not issued in favour of the petitioners by the respondents. Since the revision and second appeals with respect to the subject matter of lands are pending before the Joint Collector and this Court respectively, no direction can be given to the Mandal Revenue Oﬃcer to consider and dispose of the representation of the petitioners for issuance of pattadar pass books and title deeds in their favour. At this stage, the learned counsel for the petitioners submits that the petitioners want to implead themselves in the revision that is pending before the Joint Collector and defend their case. It is always open to the petitioners to make proper applications for impleading themselves and defend their case. However, having regard to the facts and circumstances of the case, I deem it appropriate to dispose of the writ petition with the following directions: The petitioners are at liberty to approach the Mandal Revenue Oﬃcer for issuance of pattadar passbooks and title deeds in respect of the subject matter of lands in their favour after their rights are crystallized. N.V.RAMANA,J DT.15.10.2008 msv