IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25261 of 2001 Between: Narayana Roudra Reddy … Petitioner AND Govt., of A.P., rep., by District Collector, Nalgonda District, Nalgonda, & others. … Respondents Counsel for the petitioner : Sri G. Dhananjai Counsel for respondents 1,2&4: AGP for Revenue This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25261 of 2001 ORDER:- This writ petition is ﬁled for a Writ of Certiorari to quash order dated 31.03.2001 passed by respondent No.2. The father of the petitioner ﬁled O.S.No.164 of 1959 in the Court of the Munsif Magistrate, Suryapet for declaration that he was the pattadar and possessor of the agricultural land admeasuring Ac.1.23 gutnas in Sy.No.17 of Nagulapahad, Village, Nalgonda District. The said suit was decreed against the District Collector, Nalgonda District and AS.No.3 of 1961 ﬁled against the said judgment and decree was dismissed by the District Court, Nalgonda vide judgment and decree dated 11.08.1961. After the death of the petitioner’s father, the petitioner approached respondent No.4 under Section 5-B of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 for purported regularization of the transaction pertaining to the said property and by order dated 26.06.1992, he allowed the application of the petitioner. Respondent No.3 appeared to have approached the District Collector, Nalgonda in the year 1997 by way of a revision petition, which was forwarded by him to respondent No.2 to decide the same as an appeal under Section 5-B of the Act. Purporting to exercise his appellate powers, respondent No.3 passed the impugned order by which he set aside the order passed by respondent No.4. Though the impugned order is questioned on multiple grounds, it is not necessary for this Court to deal with all the grounds. Under Section 5-A of the Act, respondent No.4 is empowered to regularize certain alienations, which are not made in accordance with the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force. Until, introduction of Section 5-B by amendment Act of 1994 with eﬀect from 31.10.1993, the said order was not appealable. A Division Bench of this Court in M.B. Ratnam vs. Revenue Divisional Oﬃcer, R.R. District, East Godavari Division at Hyderabad[1] held that such an appeal cannot be ﬁled by the aggrieved party and entertained by the appellate authority after introduction of the said appeal provision, in order to question orders passed prior to the introduction of Section 5-B. In the instant case, the order impugned before respondent No.2 was passed by respondent No.4 on 26.06.1992 i.e., prior to the introduction of Section 5-B of the Act. Therefore, following the law declared by this Court in the abovementioned judgment, I hold that respondent No.2 had no jurisdiction to entertain the appeal ﬁled by respondent No.3 and pass order on such an appeal. On this short ground, the impugned order is quashed. The writ petition is accordingly allowed. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.31980 of 2001 ﬁled by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 03.11.2008 ES [1] 2003 (1) ALT 688