THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1967 of 2005 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the second respondent in interfering with the issue of passing orders by third respondent pertaining to issue of pattadar passbook regarding Ac.1.00 land situated in R.S.No.127/3 of Penugonda village as arbitrary, illegal and contrary to the provisions of A.P. Record of Rights in Land and Pattadar Passbooks Act, 1971 and consequently direct the third respondent to pass final orders based on the enquiry, documents and statements recorded by him pertaining to issue of patadar passbooks and title deeds against the subject land. According to the petitioner, his family members own an extent of Ac.1.00 in Sy.No.127/3 of Penugonda village, West Godavari district under Patta No.768. The said land is the ancestral property of the petitioner and after the death of his father, in the partition between petitioner and his brothers, the subject land fell to the share of petitioner and since then he has been cultivating the same personally. While the matter stood thus, in the year 1993, the maternal aunt of the petitioner by name Smt.Padala Varalakshmi W/o Ratna Reddy filed A.T.C.No.14 of 1993 on the file of Tenancy Special Officer-cum-I Addl. District Munsif, Tanuku alleging that she is the owner of the above said property acquired out of a settlement alleged to be executed by petitioner’s father and grand father on 22.3.1943. After full trial, the Tenancy Tribunal by order dated 8.7.1997 dismissed the same holding that P.Varalakshmi failed to establish her title and there is no relationship of landlord and tenant. When she attempted to change the revenue records, petitioner and his family members got issued legal notice to the third respondent on 6.10.1993 specifically bringing the fraud proposed to be played by Smt.P.Varalakshmi and requested not to issue pattadar passbook in her favour. The said was acknowledged on 7.10.1993. In spite of receiving the said notice, third respondent issued pattadar passbook No.1324 in her favour in March, 1997 without conducting any enquiry as contemplated under R.O.R. Act. Though passbook was issued in her favour, no title deed was issued to her. According to the petitioner, he is the absolute owner and possessor of the subject land and has been in possession and enjoyment of the same by paying taxes to the revenue authorities under valid receipts. Though the second respondent is not a competent authority to pass any orders, had issued a notice to the petitioner directing to appear before him for issuance of pattadar passbook. According to the petitioner, the second respondent has no power or jurisdiction whatsoever to issue such notice. Hence this writ petition. There is no necessity of going into all the details. In the counter filed on behalf of respondents, it is asserted that it is true that on the application of Smt.P.Varalakshmi, the then Mandal Revenue Officer, Penugonda has issued pattadar passbook to her under the provisions of R.O.R. Act after due enquiry. However, third party Smt.G.Rajya Lakshmi claiming to be the daughter of Smt.Varalakshmi filed an application before the second respondent for grant of pattadar passbook and title deed to her for the subject land on the ground that the same has been gifted to her by her mother Smt.P.Varalakshmi as pasupu-kumkuma vide registered document No.697/04 dated 22.3.2004. After receiving the said application, second respondent sent the application to third respondent for enquiry. The third respondent after causing enquiry submitted papers to the second respondent seeking clarification on some aspects. The second respondent vide letter Roc.No.A.598/2004 dated 11.1.2005 instructed the then Mandal Revenue Officer to take necessary action to consider the claim for pattadar passbook to Smt.G.Rajyalakshmi. Thereafter, the Mandal Revenue Officer, after considering the claim of third party on the basis of documents produced by her, granted pattadar passbook to her on 11.2.2005 and title deed on 16.2.2005. According to the respondents, if the petitioner is aggrieved by issuance of pattadar passbook and title deed to third party, who was not made as party to the writ petition, he can as well file appeal before the competent authority under the provisions of R.O.R. Act by impleading her as party respondent and work out his remedies as available to him under law. Under those circumstances, the writ petition is disposed of directing the petitioner to approach the competent authority questioning the orders passed by the Mandal Revenue Officer as to granting of patta in favour of the said G.Rajyalakshmi, who was not made party to the proceedings, and work out his remedies as per law. If any appeal is filed by the petitioner, the same shall be considered and disposed of, as per law, after hearing all the parties concerned. No order as to costs. ______________ C.V.RAMULU, J Date: 9.12.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1967 of 2005 9.12.2010 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.1967 of 2005 Date: 9th December, 2010 Between: Kovvuri Sai Somanatha Reddy .. Petitioner And The District Collector, Eluru, West Godavari district and others. .. Respondents