IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 10130 of 2009 Between: Pentareddy Kamala Kumari Keerthi ..... PETITIONER AND The Revenue Divisional Officer, Warangal, Warangal District and three others. .....RESPONDENT(S) THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No : 10130 of 2009 ORDER: This writ petition is filed seeking Mandamus to declare the action of the 1st respondent-Revenue Divisional Officer, Warangal, in issuing proceedings No.A/3936/2008, dated 14-02-2009, canceling the pattedar passbook and title deeds, issued in favour of the petitioner by the 2nd respondent-Tahsildar, Hanmakonda, Warangal District, for an extent of Ac.3.00 guntas in Sy. No.110/B1, Ac.2.00 guntas in Sy. No.143/1 and Ac.15.31 guntas in Sy. No.143/2 of dry land, situated at Hanmakonda village and Mandal, Warangal District, without issuing any notice or opportunity of being heard as arbitrary, illegal and violative of provisions of the A.P. Rights in Land and Pattedar Pass Books Act, 1971 (for brevity ‘the Act’). 2. According to the petitioner, originally, the above said property was belonged to the grandfather of petitioner’s husband viz., Joji Reddy. He executed a will in favour of his grandson i.e. the husband of the petitioner and since then, the husband of the petitioner is the absolute owner and possessor of the same and his name is also reflected in the pahanies and the revenue records as possessor and owner of the said property. Further, the husband of the petitioner executed a registered gift settlement deed bearing document No.2477/2008, dated 15-04-2008, in favour of the petitioner, and by virtue of the same, she became the owner and possessor of the property ever since. Consequent upon acquisition of the said right, the petitioner made an application to the 2nd respondent for grant of pattedar passbook and title deeds. After due enquiry, the 2nd respondent granted pattedar passbooks and title deeds in her favour on 08-08-2008. Further, the respondents 3 and 4, who are no other than the parents of the husband of the petitioner filed O.S.No.549 of 2008 on the file of the Junior Civil Judge, Warangal, against the petitioner as well as her husband and obtained injunction not to alienate the schedule property. While that being so, it appears the respondents 3 and 4 have filed an appeal under Section 5-B of the Act before the 1st respondent, being aggrieved by the entries made in favour of the petitioner. The said appeal was allowed at the initial stage, without furnishing any notice to the petitioner, canceling the pattedar pass books and title deeds granted in favour of the petitioner. Aggrieved by the same, the petitioner approached this Court and filed the present writ petition. 3. The fact as to the non-issuance of the notice to the petitioner is not in dispute. Under those circumstances, I am of the opinion that the impugned order suffers from gross violation of principles of natural justice. Therefore, on this ground alone, the same is liable to be set aside and is accordingly set aside and the matter is remitted to the 1st respondent-Revenue Divisional Officer, Warangal, for fresh consideration, after issuing notice to the petitioner as well as other interested parties. 4. With the aforesaid directions, the writ petition is allowed. The status quo order dated 13-05-2009 passed in W.P.M.P.No.13087 of 2009 as to the entries in the revenue records shall be continued during the pendency of the appeal before the 1st respondent. No costs. ___________________ 07th October 2009 kvr