IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 19620 of 2008 Between: Mohd. Noamaan Bader S/o. Mohd. Rizwanul Qasmi R/o. H.No.3-5-783/20, King Kothi, Hyderabad. ..... PETITIONER AND 1 The Special Deputy Collector-cum-R.D.O., Ranga Reddy East Division, Ranga Reddy District. 2 M/s. Darul-Uloom Sabeelus Salam, behind Salalah, Barkas, Sabeelnagar, Balapur Grampanchayat, Saroornagar Mandal, rep. by its Member of Managing Committee, Syed Azazur Rahman, S/o. Late Syed Zia-Ur-Rahman, aged 42 Yrs, Occ: Engineering, H.No.8-3-104, Plot No.137, Srinagar Colony, Hyderabad. .....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 a Writ or Order more particularly one in the nature of Prohibition to direct the 1st respondent not to pass any further proceedings in R.O.R. Case No.A2/3565/2004 on the ﬁle of the Special Deputy Collector-cum-Revenue Divisional Oﬃcer Ranga Reddy East Ranga Reddy District has no Jurisdiction to entertain the Appeal U/s 5(5) of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 without there being any impugned proceedings by the Mandal Revenue Officer U/s 5(2) of the Act. Counsel for the Petitioner:MR.TARLADA RAJASEKHAR RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORDER: This writ petition is ﬁled questioning the action of the Revenue Division Oﬃcer, the ﬁrst respondent herein in entertaining the appeal under Section 5(5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short “the Act”) without there being any jurisdiction. The case of the petitioner in brief is as under: The father of the petitioner ﬁled a petition before the Mandal Revenue Inspector for mutation of his name in the pattadar pass books and necessary corrections in the revenue records over the land to an extent of Acs.46.00 in survey No.210/1 situated at Balapur Village. After thorough enquiry, the name of the petitioner’s father was accordingly mutated through proceedings, dated 09.04.1995 by the Mandal Revenue Inspector. The grievance of the petitioner is that the second respondent without ﬁling application under Section 5(3) of the Act before the Mandal Revenue Oﬃcer, directly ﬁled an appeal under Section 5(5) of the Act before the ﬁrst respondent to cancel the pattadar pass books granted in favour of the father of the petitioner, which is not maintainable. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. Learned counsel for the petitioner mainly contended that the ﬁrst respondent has no jurisdiction to make corrections in the pahani patrikas under Section 5(5) of the Act directly without there being any proceedings under Section 5(2) of the Act and that the appeal is not maintainable on the ground that it is ﬁled after a lapse of ten years from the date of issuance of pattadar pass books. On the other hand, learned Government Pleader submits that as per Section 5(5) of the Act an appeal shall lie to the Revenue Divisional Oﬃcer against every order of the recording authority either making an amendment in the record of rights or refusing to make such an amendment. In view of the submission of the learned Government Pleader that as per Section 5(5) of the Act the appeal shall lie to the Revenue Divisional Oﬃcer against every order of the recording authority, the contention of the learned counsel for the petitioner that the ﬁrst respondent has no jurisdiction to entertain the appeal, cannot be accepted. So far as the delay is concerned, it is always open to the petitioner to raise such a ground before the appellate authority, who, in turn, will consider the same. In these circumstances, the writ petition is disposed of, with a direction to the Revenue Divisional Oﬃcer- ﬁrst respondent to dispose of the appeal ﬁled by the second respondent expeditiously within a period of three months from the date of receipt of a copy of this order, after giving notice to all the parties concerned. No costs. _____________ N.V.RAMANA, J. Dated:10.09.2008 GJ