IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8724 of 2009 Between: Smt. Bommi Kankadurga Devi, W/o. Jalli Venkataiah, R/o. Putikavaripalli Village, Obulavaripalli Mandal Cuddapah District. ..... PETITIONER AND 1 The Joint Collector, Cuddapah District, Cuddapah. 2 The Revenue Divisional Officer, Rajampet, Cuddapah District. 3 The Tahsildar, Obulavaripalli Mandal, Cuddapah District. 4 Bommi Subbaiah, having died his L.Rs. R 5 to R.8 5 Bommi Chittemma, W/o. Late Subbaiah, R/o. Balijapalli Road, Rajampet Town and Mandal, Cuddapah District. 6 Bommi Radhika, D/o. Late Subbaiah, R/o. Balijapalli Road, Rajampet Town and Mandal, Cuddapah District. 7 Bommi Arika, D/o. Late Subbaiah, R/o. Balijapalli Road, Rajampet Town and Mandal, Cuddapah District. 8 Bommi Haribabu, S/o. Late Subbaiah, R/o. Balijapalli Road, Rajampet Town and Mandal, Cuddapah 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 appropriate writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the record relating to the impugned order passed by the first respondent in Revision Petition No. D.Dis. No. E3/1723/2007 dated 16-1-2009 and to quash the same by declaring the same as illegal, arbitrary, unsustainable and violative of Article 14 and 19 of the constitution of India and well established principles of natural justice in the interest of justice. Counsel for the Petitioner: MR.NAGARAJU NAGURU Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.8724 of 2009 ORDER: The Tahsildar, Obulavaripalli Mandal, Kadapa District, the third respondent herein, issued pattadar pass books and title deeds in favour of respondents 4 to 8 in respect of land to an extent of Acs.3.02 cents in Survey No.287 of Chinna Orampadu Village, Obulavaripalli Mandal on 16.04.1996. Aggrieved by the same, the petitioner filed an appeal before the Revenue Divisional Officer, Rajampet, the second respondent herein. The appeal was dismissed as time barred on 07.09.2006. Thereupon, the petitioner filed a revision under Section 9 of A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’) before the first respondent. The revision was dismissed on 06.01.2009. The same is challenged in this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The petitioner had narrated in detail, her claim vis-à- vis the land referred to above. It is stated respondents 4 to 8 obtained the pattadar pass books in respect of the land at a time when she was bereavement. It is not in dispute that the petitioner presented the appeal with a delay of 10 years. By any standard, such enormous delay cannot be condoned. The revision filed by the petitioner was also dismissed. It is not as if issuance of pattadar pass books would draw curtain to the entire dispute. If the petitioner is so advised, she can file a suit for declaration vis-à-vis the land. If a decree is passed in her favour, the pattadar pass books and title deeds issued in favour of respondents 4 to 8 would not come in the way and consequential steps have to be taken. Section 18(2) of the Act makes this aspect clear. Hence, the writ petition is disposed of leaving it open to the petitioner to approach the civil Court for the relief of declaration of title, duly impleading respondents 4 to 8 as defendants, and the pattadar pass books and title deeds issued in favour of respondents 4 to 8 shall be subject to the out come of the suit. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.27.04.2009 VGB