IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5204 of 2009 Between: M.Raghunath Reddy S/o.Chinna Narayana Reddy R/o.Kalvarala Village, Pangal Mandal, Mahabubnagar District (presently residing at Hyderabad) ..... PETITIONER AND 1 The Tahsildar, Pangal Mandal, Mahabubnagar District. 2 The District Collector, Mahabubnagar District at Mahabubnagar. 3 Mala Ayyanna S/o.Sugoori R/o.Veepanagandla Village, Pangal Mandal, Mahabubnagar District. 4 Mala Balaswamy S/o.Sugoori R/o.Veepanagandla Village, Pangal Mandal, Mahabubnagar 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 will be pleased to issue a Writ of Mandamus or any other appropriate writ or writs, order or direction declaring the proceedings dt. 12.6.2006 in No.B/1855/2006 on the file of the first respondent and the consequential further action, if any, as illegal, arbitrary, unconstitutional and violative of principles of natural justice and to consequently direct the respondents No. 1 & 2 to make necessary corrections in all the revenue records by showing the petitioner as pattedar and possessor of lands bearing Sy.Nos. 364/A admeasuring Ac.7.20 guntas, 365/E admeasuring Ac.0.20 guntas and 366/E admeasuring Ac.1.04 guntas situated at Kalvarala Village, Pangal Mandal, Mahabubnagar District, and by issuing pattedary Pass Books to the petitioner; Award costs. Counsel for the Petitioner: MR.K.V.SUDHAKAR REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.5204 of 2009 ORDER: The petitioner states that he is the recorded pattadar of land in Survey Nos.364/A, 365/E and 366/E, in all admeasuring Acs.9.04 guntas, of Kalvarala Village, Pangal Mandal, Mahabubnagar District. Respondents 3 and 4 herein approached the Tahsildar, Pangal Mandal, Mahabubnagar District, the first respondent herein, by filing an application under Section 5-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’) with a request to validate an unregistered document, dated 20.05.1958. Through his proceedings, dated 12.06.2006, the first respondent validated the document. The grievance of the petitioner is that no notice was issued to him and the impugned order was passed in violation of the provisions of the Act and the Rules made thereunder. Heard the learned counsel for the petitioner, Sri K.V.Sudhakar Reddy, and the learned Government Pleader for Revenue. The petitioner had urged several contentions before this Court, be it in relation to the service of notice or the existence of various notifications contemplated under the Act and the Rules. This Court would certainly have dealt with the same in detail, but for the fact that the petitioner had an effective alternative remedy by way of an appeal under Section 5-B of the Act before the Revenue Divisional Officer. The appellate authority would be in a better position to examine the record in detail. Though there is delay in the context of availing such remedy, the petitioner can be permitted to avail it, in view of the fact that he was not served with notice. Hence, the writ petition is disposed of leaving it open to the petitioner to avail the remedy under Section 5-B of the Act and in case, an appeal is preferred within a period of four weeks from today, it shall be entertained without raising any objection as to the limitation. The appellate authority shall pass appropriate orders thereon, duly issuing notice to the affected parties, including respondents 3 and 4 herein. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.16.03.2009 VGB