IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD DATED: THIS the 31st day of March 2011. PRESENT: THE HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No. 15685 of 2003 Between: T. Krishna Reddy and another ..Petitioners and The Joint Collector and Addl. District Magistrate, Anantapur and others 4Respondents 4THE HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No. 15685 of 2003 O r d e r: The petitioners herein have obtained Rule Nisi from this court to the Respondents to show cause as to why Writ of Certiorari shall not be issued under Article 226 of the Constitution of India after calling for the records in D.Dis.No.l8049 of 2001/D4 dated:24-4-2003 from the first respondent – Joint Collector, Anantapur District and to quash the same. 2. The first petitioner herein on the basis of registered documents dated: 4-11-1917; 2-11-1948 and 2.7.1949 applied to the third respondent herein for issuance of Pattedar Pass Book and Title deeds for the lands covered in Sy.No.399-1; 399-3; 421-1; 421-3; 423-1A; 422-1; 422-3; 423-2 and 511-2 of Tavalam village, Tanakal Mandal, Anantapur District. The third respondent herein after verifying the Settlement Register and other records related thereto issued Pattedar Pass book and Title deed in favour the first petitioner. In spite of obtaining the pass book and title deeds in respect of the above land, when the fourth respondent tried to interfere with his possession and enjoyment over the lands in question, the petitioners herein filed O.S.No. 744 of 1999 before the learned Principal Junior Civil Judge, Kadiri for temporary injunction. 3. It is the further case of the petitioners that aggrieved by the grant of Pattedar Pass book and title deed in their favour, the fourth respondent carried the matter in appeal before the Revenue Divisional Officer, Penukonda, the second respondent herein. The second respondent by is order dated:8-5-2000 dismissed the appeal confirming the order of the Mandal Revenue Officer. Aggrieved by the said orders, the fourth respondent again carried the matter in revision before the first respondent herein, who allowed the revision stating that after issuance of pattedar pass book and title deed, the petitioners herein have approached the civil court for grant of permanent injunction under the guise of pattedar pass book and title deed. Therefore, the Pattedar pass book and title deed in favour of the petitioners are set aside with a direction to the third respondent to issue Pattedar pass book and title deed after receiving the judgment from the Junior Civil Judge’s Court, Kadiri in O.S.No. 744 of 1999. Challenging the said order passed by the first respondent, the present writ petition is filed. 4. In the counter affidavit filed by the first respondent, it is stated that this Hon’ble court in Hanumantha Rayudu v. the District Revenue Officer, Anantapur [1] observed that the proceedings before the revenue authorities are not maintainable in view of the pendency of civil litigation. The Joint Collector also observed that Pattedar Pas s Book and Title deed were issued in favour of the petitioners by the Mandal revenue Officer without proper enquiry and the authorities under the Act, cannot go into the rights of the parties when the civil proceedings are pending before the Civil Court where the parties are agitating for their rights and the civil courts are competent to decide the respective title and accordingly set aside the issuance of Pattadar Pass Book and Title Deed in favour of the petitioner. 5. From the facts narrated above, it is obvious that Pattadar Pass book and Title deed are obtained by the petitioners prior to institution of civil suit; but not during the pendency of the suit. The first respondent set aside the order of the Mandal Revenue Officer issuing Pattadar Pass Book and Title deed only on the ground that after the Pattadar Pass book and title deed are issued in favour of the petitioners, the petitioners approached civil court seeking for grant of permanent injunction under the guise of Pattadar Pass Book and Title Deeds by instituting the civil suit. It is nowhere stated by the first respondent that the Pattadar Pass Book and Title deed is issued by the Mandal Revenue Officer without conducting appropriate enquiry into the matter. 6. Section 8 of A.P. Rights in Land and Pattadar Pass Books Act, 1971, which deals with bar of suits, reads as follows: 8 (1) No suit shall against the Government or any officer of Government in respect of a claim to have an entry made or in relation to any entry made in any record of rights or to have any such entry omitted or amended. 8 (2) 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 (Central Act 47 of 1963) and the entry in the record of rights shall be amended in accordance with any such declaration. 7. Thus it is clear that if the fourth respondent is aggrieved by the entries made in the revenue records, he is entitled to file civil suit for declaration against the petitioner and thereafter request the revenue authorities to correct such entries, as per the declaration obtained by him in the civil suit. 8. The judgment over which much reliance is placed by the Joint Collector is misplaced to the facts of the present case. In view of the same, the impugned order passed by the Joint Collector, on the ground that the parties are agitating their rights subsequent to issuance of Pattadar Pass book and Title Deed is obviously an error. The Joint Collector, obviously committed an error in coming to such a conclusion for setting aside the order passed by the second and third respondents. 8. In view of the same, the writ petition is allowed. The order passed by the Joint Collector, Anantapur in D.Dis.No.8049/2001/D4 dated:24-4-2003 is set aside and the matter is remitted to him to decide the revision on merits, as to whether proper enquiry was conducted by the Mandal Revenue Officer before granting Pattadar Pass book and Title Deed in favour of the writ petitioners, as per Rules by issuing notices to the parties to be effected therein and decide the revision accordingly. No costs. ____________________ A. GOPAL REDDY, J. March 31, 2011. *BVS THE HON’BLE SRI JUSTICE A. GOPAL REDDY W.P.No. 15685 of 2003 31st day of March 2011. [1] 1996 (2) AnWR 211