IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V. RAMULU WRIT PETITION NO : 1835 of 2007 Between: Billa Sreedhar Reddy ..... PETITIONER AND The Joint Collector, Warangal, Warangal District and 7 others. .....RESPONDENT(S) HONOURABLE SRI JUSTICE C.V. RAMULU W.P.No.1835 of 2007 ORDER: This writ petition is filed seeking certiorari to call for the records of the proceedings in Rc.Nos.E5/6817/05 and E56818/05, of the 1st respondent-Joint Collector, Warangal, issued by his common order, dated 06-01-2007, and quash the said order as the same is null and void. 2. Under the impugned common order, the revision petitions, filed under Section 9 of the A.P. Rights in Land and Pattedar Pass Books Act, 1971 (for brevity ‘the Act’) were allowed canceling the XIII-B certificate, pattedar pass books and title deeds, issued by the 2nd respondent-Mandal Revenue Officer, Hasanparthy Revenue Mandal, Warangal District, in Rc.No.B/857/2003, dated 27-03-2003, in favour of the petitioner, in respect of the land admeasuring Ac.1.05 guntas situated in Sy. No.153/D of Bheemaram village, under Section 5(A) of the Act. 3. The learned counsel for the petitioner submits that from the ancestors of the respondents 3 to 8, the father of the petitioner has purchased the land in an extent of Ac.6.09 guntas in Sy. No.153 of Bheemaram village, Hasanparthy Revenue Mandal, Warangal District, and since then he is in possession and enjoyment of the same. There after an extent of Ac.3.34 guntas of land was acquired by the Government and compensation was paid, and thereafter, an extent of Ac.2.15 guntas of land was remained and the petitioner made an application to the 2nd respondent for issue of pattedar pass books, and after conducting an enquiry under Section 5-A of the Act, pattedar pass books were issued in favour of the petitioner by an order dated 27-03-2003, and they converted the land into individual plots and sold away the same. At that juncture, the respondents 3 to 8 filed the above revision petitions before the 1st respondent under Section 9 of the Act and the 1st respondent Collector has allowed the revisions by setting aside the order passed by the M.R.O. The learned counsel for the petitioner further submits that the 1st respondent ought not to have entertained the very revisions filed under Section 9 of the Act when remedy of statutory appeal is available to the respondents 3 to 8 under Section 5-B of the Act. 4. Whereas the learned counsel, appearing for the respondents 3 to 8, Sri P.V. Narayana Rao, submitted that the application of entertaining appeal does not arise since the 2nd respondent is lacking jurisdiction in issuing pattedar pass books in respect of subject land. Therefore, the 1st respondent-revisional authority has rightly entertained the revisions and set aside the orders passed by the 2nd respondent. 5. Be that as it may, it is settled principle that once there is serious dispute as to the title against any land, it is always better to relegate the parties to go to the Civil Court and work out their remedies. 6. Keeping in view of the same, the writ petition is disposed of directing the parties to approach the Civil Court and work out their remedies by way of filing the civil suit for declaration of title etc. Any decree passed by the Civil Court is binding on the parties and the same can be taken into consideration by the Revenue Authorities for the purpose of making entry into the revenue records. However, it is made clear that the entries made in the revenue records and the pattedar passbooks issued in favour of the petitioner under Section 5-A of the Act in the year 2004, and the impugned common order dated 06-01-2007 passed in the revision petitions, will have no bearing on the civil suit that may be filed by the parties before the Civil Court for working out their remedies. 7. The writ petition is accordingly disposed of. There shall be no order as to costs. ________________________ 14th September 2009 KVR