HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21259 of 2004 Date : 27.01.2011 Between : Palle Baswappa. …..Petitioner And Joint Collector, Nizamabad District & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.21259 of 2004 ORDER : This writ petition is filed, questioning the order, dated 17.06.2004, passed by the 1st respondent-Joint Collector, Nizamabad, in Case No.D2/2487/2004. On the application made by the 2nd respondent, the 1st respondent has passed the impugned order, cancelling the pattadar pass book and title deed issued in favour of the petitioner in respect of Ac.0.05 gts. of land, situated in Sy.No.748 of Kamareddy village. When the matter is taken up, it is fairly submitted by the learned counsel for petitioner that he has filed a suit in O.S.No.39 of 2004 before the learned Senior Civil Judge’s Court, Kamareddy, for declaration of title in respect of the land in question, which was dismissed by a judgment and decree, dated 26.02.2007. It is further submitted that as against the said judgment and decree, he has also filed an appeal in A.S.No.16 of 2008 and the same is pending consideration before the learned V Additional District Judge, Kamareddy. Under Section 8(2) of The A.P.Rights in Land and Pattadar Passbooks Act, 1971, if any person is aggrieved as to any rights of which he is in possession by an entry made in any record of rights, he may institute a suit against any person denying or interested to deny his title to such right for declaration of his right under Chapter VI of the Specific Relief Act, 1963, and the entry in the record of rights shall be amended in accordance with any such declaration. Inasmuch as the suit filed by the petitioner for declaration of title was dismissed and the appeal preferred against such order is pending consideration, if the petitioner succeeds in the said appeal, the entries in record of rights shall be amended in accordance with the provision under Section 8(2) of The A.P.Rights in Land and Pattadar Passbooks Act, 1971. In view of pendency of appeal, it is not desirable for this Court to adjudicate upon the validity or otherwise of the impugned order. For the aforesaid reasons, I deem it appropriate to dispose of the writ petition, granting liberty to the petitioner to seek for amendment of the record of rights, depending upon the result of the appeal pending in A.S.No.16 of 2008 before the learned V Additional District Judge, Kamareddy. It is also open for the petitioner to file appropriate application for interim orders, and if any such application is filed, the Court below shall consider the same on its own merits, and pass appropriate orders, without being influenced by any of the observations made in this order. Subject to the above observations, this writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 27th January 2011 lmv/ajr