IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO : 16313 of 2008 Between: Devulapalli Subba Rao, S/o.Devulapalli Kistaiah, R/o. Vedurupavuru Village, Gannavaram Mandal, Krishna District. ..... PETITIONER AND 1 The State of A.P., Rep by its Revenue Divisional Officer, Nuzvid, Krishna District. 2 The State of A.P., Rep by its Tahsildar, Gannavaram, Krishna District. 3 Sri. Gutta Subrahmanyeswara Rao, S/o. Gutta Rama Mohan Rao, R/o. Gannavaram Mandal, Krishna 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 to issue a writ, direction or order, more particularly one in the nature of mandamus, declaring the action of 1st Respondent in passing the orders in ROR Appeal No.8/2007 dtd. 26.09.2007 as illegal, arbitrary and the same is contrary to provisions of ROR Act 1971 and also in violation of principles of natural justice and consequently set aside the orders passed by the 1st Respondent in ROR Appeal No.8/2007 dated 26-09-2007 Counsel for the Petitioner: MR.K.RAMESH CHOWDARY Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16313 of 2007 ORDER: The petitioner’s father statedly got an extent of Acs.4.00 in survey No.199 situated at Vedurupavuru Village of Gannavaram Mandal in Krishna District under registered deed dated 18.09.1925 executed by his maternal uncle, Mechineni Narsaiah. The same was settled in favour of the petitioner under a registered settlement deed dated 25.06.1943. In 1990 petitioner sold an extent of Acs.2.19½ in favour of Mettipalli Anjaiah and Ac.1.20 cents in favour of Kotagiri Narayana Rao. The vendor and vendees applied for subdivision and pattadar pass books (PPBs), which were given to them. Petitioner was given PPBs in respect of Ac.0.36 cents, which is in his possession. On an application filed by the third respondent for cancellation of PPBs issued to Devulapalli Subba Rao – petitioner herein, Revenue Divisional Officer allegedly directed the Tahsildar, Gannavaram, to conduct de novo enquiry as well as fresh survey after giving opportunity to verify the records. Aggrieved by the same, the present writ petition is filed. Against the order passed by the Revenue Divisional Officer, an effective remedy is available under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, by way of revision to the Joint Collector. However, when the matter was heard at preliminary stage, contention was raised that alternative remedy is not a bar as there is violation of principles of natural justice, and that Revenue Divisional Officer did not issue any notice to the petitioner before directing Tahsildar to conduct de novo enquiry. In that view of the matter, this Court directed the learned Assistant Government Pleader for Revenue (Andhra Area) to produce the record from the Office of the Revenue Divisional Officer. The record is produced. At page No.35 of the record there is a postal acknowledgment signed by the petitioner, and office copy of the notice issued to him is found at page No.31. This would belie any allegation of non-issuance of notice. Therefore, this Court is not inclined to go into the matter. Liberty is given to the petitioner either to approach the Tahsildar and raise all objections or to file a revision petition before the Joint Collector, Krishna District. The Writ Petition is dismissed accordingly. No costs. ____________ (V.V.S.RAO, J) 05.12.2008 vs To 1 The State of A.P., Rep by its Revenue Divisional Officer, Nuzvid, Krishna District. 2 The State of A.P., Rep by its Tahsildar, Gannavaram, Krishna District. 3 2CCs to GP for Revenue 4 2CD copies Form-NIC-OGS/WP{LS}