IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 20452 of 2002 Between: Cheppala Venkata Sivarami Reddy, S/o.Late C.P.Nagi Reddy, Revenue Quarters, Nandyal Town, Kurnool District. ..... PETITIONER AND 1 The Mandal Revenue Officer, Nandyal Rural Mandal, Nandyal, Kurnool District. 2 The Revenue Divisional Officer, Nandyal, Kurnool District. 3 The Joint Collector, Kurnool District. 4 Smt. C.Nagamma, W/o.Late C.Easwar Reddy, H.No.49-1-82, M.S.Nagar, Kurnool Town. ...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, Order or Direction more particularly one in nature of Writ of MANDAMUS declaring the action of the 3rd Respondent in cancellation of the Pattadar pass books and title deed bearing No.472407 vide Proceedings D.Dis.2092/2001, dt:28.1.2002 of the 3rd Respondent as illegal, irregular, arbitrary, unjustified and unsustainable and set aside the same holding that the pattadar Pass Book and title deed are valid and pass such other order or orders may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.VEERA REDDY Counsel for respondents 1 to 3: GP FOR REVENUE Counsel for respondent No.4: MR B.NARASIMHA SARMA The Court made the following : O R D E R: This writ petition is filed seeking a Mandamus to declare the action of respondent No.3 in cancelling the pattadar pass book and title deed bearing No.472407, vide his proceedings dated 28-01-2002, as illegal and arbitrary and to set aside the same holding that the pattadar pass book and title deed are valid. It appears that the petitioner succeeded to an extent of Acs.6.33 cents of land in Survey No.614 of Moolasagaram Village, Nandyal through one Moola Seshi Reddy, under a registered will, and the said Moola Seshi Reddy was granted pattadar pass book and title deed in respect of the said land by the Mandal Revenue Officer, Nandyal, vide his order dated 09-03-2001. While so, respondent No.4 filed an application before the Mandal Revenue Officer, Nandyal on 22-03- 2001, for cancellation of the pattadar pass book claiming that she purchased an extent of Ac.1.00 of land in Survey No.614/1 under a registered sale deed from one Kovelakuntla Ranganna. The Mandal Revenue Officer, by his proceedings dated 04-04-2001, recommended to the Revenue Divisional Officer, Nandyal for cancellation of the pattadar pass book issued to Moola Seshi Reddy. The Revenue Divisional Officer, by his order dated 13-06-2001, declined to cancel the same. Aggrieved by the same, respondent No.4 filed a revision petition before the Joint Collector, Kurnool-respondent No.3. Respondent No.3, by the impugned order, while directing the parties to approach competent Civil Court for declaration of title, cancelled the pattadar pass book issued by the Mandal Revenue Officer in favour of Moola Seshi Reddy. Hence, this writ petition. The grievance of the petitioner is that respondent No.3 ought not to have cancelled the pattadar pass book and title deed issued in favour of Moola Seshi Reddy. In this regard, it may be necessary to notice the penultimate paragraph of the impugned order, which reads as under- “The interim orders passed in this office Progs.Rc.D5.ROR/2092/2001 dated 23-06-2001 are hereby vacated with immediate effect since the land is not of agriculture nature and used as house-sites, the Record of Rights Act will not apply for non-agricultural land. Hence, the pattadar pass book issued by Mandal Revenue Officer also hereby cancelled. Both parties are directed to approach Civil Court for decision of title. Till that happens, status prior to issue of PPB/TD to Moola Seshi Reddy is restored.” There is no necessity for going into all the details of the case since in pursuance of the above order, the petitioner has already filed a suit in O.S.No.30 of 2002 before the Senior Civil Judge’s Court, Nandyal and respondent No.4 was added as one of the defendants in the said suit and the same is still pending. Under those circumstances, without expressing any opinion on merits, the writ petition is disposed of, modifying the impugned order and, directing the respondents to maintain status quo, as on today, as to the entries in the revenue records, pertaining to issuance of pattadar pass book and title deed in favour of Moola Seshi Reddy, pending disposal of O.S.No.30 of 2002 on the file of Senior Civil Judge’s Court, Nandyal, and the same shall be subject to the result of the said suit. Any observations made in this writ petition shall not have any bearing on the suit. No order as to costs. _______________ C.V.RAMULU, J Dated 14th July, 2009 vrn