IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 25002 of 2008 Between: B.Somappa S/o Late Chenbasappa H.No.3-35 Manchirevula(V) Rajendranagar(M) R.R District ..... PETITIONER AND 1 The Dy Collector and Tahsildar Rajendranagar(M) at Rajendranagar R.R District 2 K.Sailesh Kumar S/o Late K.Eshwarappa H.No.3-129 Behind Narsing Police Station Narsingi (V) Rajendranagar(M) R.R District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.1 in entertating the application in ﬁle No.B/1576/2008 under A.P Rights in Land Pattadar Pass Books Act 1971 ﬁled by the respondent No.2 for mutation of land bearing Sy.No.509 admeasuring Acres 1.35 gts. to the extent of half share in his favour as arbitrary illegal and without jurisdiction. Counsel for the Petitioner:MR.VIJAY KUMAR HEROOR Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.25002 of 2008 ORDER: The petitioner states that he is the owner, pattadar and possessor of the land in an extent of Ac.1.35 guntas in Sy.No.509 situated at Manchirevula village, Rajendranagar Mandal, Ranga Reddy District, having purchased the same under registered sale deed dated 21.11.1964 and that his name was also entered in revenue records and pattedar passbooks and title deeds were also issued. While so, the petitioner states that the 2nd respondent ﬁled an application under Section 4 of the A.P. Rights in Land and Pattedar Passbooks Act, 1971 for entering his name in the revenue records as pattadar and possessor in respect of half share of the land in question. Acting on the said application, the 1st respondent-Deputy Collector issued notice dated 13.10.2008 directing him to appear in person along with the record. The petitioner states that having received the same notice, he submitted his reply on 18.10.2008 bringing to the notice of respondent No.1 that there are civil disputes pending between him and the 2nd respondent and that the application, in pursuance of which he issued the impugned notice, cannot be entertained. However, it is his grievance that the 1st respondent, without considering his explanation, has ﬁxed a date of enquiry. Hence, he ﬁled the present writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for respondent No.1. It is too premature to say that respondent No.1 would not consider the explanation/objections of the petitioner with regard to maintainability of the application ﬁled by respondent No.2, for issuance of pattadar pass book and title deeds in respect of the land in question under the provisions of the A.P. Rights in Land and Pattedar Pass Books Act, 1971. However, having regard to the fact that the petitioner is said to have already submitted his explanation to the impugned notice, respondent No.1 before passing any orders on the application of respondent No.2, shall consider the explanation/objections submitted by the petitioner. With the above observations, the writ petition is disposed of. No costs. _______________ N.V. RAMANA, J 14.11.2008 v v/k s r