IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14906 of 2008 Between: Arumilli Vital Rao S/o. Kondaiah R/o. Matlapadu Village, Addateegala Mandal, East Godavari District. ..... PETITIONER AND 1 The Tahsildar, Addateegala, Addateegala Mandal, East Godavari Dist. 2 Arumilli Adinarayana Murthy S/o. Kondaiah R/o. Matlapadu Village, Addateegala Mandal, East Godavari Distirct. .....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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the order passed by the respondent No.1 impugned herein i.e., order in D.Dis.B/135/2007 dated 26.02.2008, as illegal, arbitrary and it is further consequentially prayed that this Honourable Court may be pleased to set aside the same and pass Counsel for the Petitioner: MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : ORDER: The petitioner, in this writ petition, calls in question the proceedings issued by the Tahsildar, Addateegala-first respondent, vide D.Dis B/135/2007, dated 26.02.2008 whereby and whereunder, the entries in the revenue records came to be rectified after due enquiry and fresh pattadar pass books came to be issued in favour of the second respondent. Heard learned counsel appearing for the petitioner and learned counsel appearing for the second respondent. Indisputably, the Tahsildar, Addateegala conducted enquiry with regard to rectification of record of rights on the application moved by the second respondent herein. Virtually, the proceedings, impugned in this writ petition are passed by the Mandal Revenue Officer by exercising the powers conferred on him under Section 5 of the A.P. Rights in Land & Pattadar Pass Books Act, 1971 (for short ‘the Act’). Sub-section (5) of Section 5 provides right of appeal to the aggrieved party. Sub-section (5) of Section 5 reads hereunder. Against every order of the recording authority either making an amendment in the record of rights or refusing to make such an amendment (an appeal shall lie to the Revenue Divisional Officer or such authority as may be prescribed) within a period of 60 days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final. Since the forum has been provided to the aggrieved party, the petitioner has to work out his remedy in accordance with the provisions of the Act. Reserving the liberty to the petitioner, this Writ Petition is disposed of at the admission stage. _________________________ (B. Seshasayana Reddy, J.) 14th July, 2008 ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Tahsildar, Addateegala, Addateegala Mandal, East Godavari Dist. 2 2 CCs to G.P. for Social Welfare, High Court of A.P. Hyderabad. (OUT) 3 2 CD copies.