HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY Dated: 19-01-2010 WRIT APPEAL No. 1499 OF 2009 Between: Sagi Krishna Veni ... APPELLANT AND The District Collector, West Godavari District, Eluru and three others ... RESPONDENTS HON’BLE THE CHIEF JUSTICE, SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT APPEAL No. 1499 OF 2009 JUDGMENT: (per Sri C.V. Nagarjuna Reddy, J) This writ appeal is filed against order dated 18-11-2009 passed by the learned single Judge in Writ Petition No. 15237 of 2009, whereby he directed respondent No.2 to consider the affidavit filed by respondent No.4 herein, in the writ petition as appeal and dispose of the same. In this appeal, the appellant who is respondent No.4 in the writ petition pleaded that respondent No.4 – writ petitioner failed to file an appeal against correction of entries in the record of rights taken place as far back as the year 1999 and, that therefore, the learned single Judge has erroneously directed respondent No.2 to treat the affidavit filed in the writ petition as an appeal. Having heard the learned counsel for the parties, we find force in the above mentioned plea of the appellant. If respondent No.4 felt aggrieved by the correction of entries in the revenue record, he is entitled to question the same by filing an appeal in the prescribed form under Section 5 (5) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the Act’) read with the rules framed thereunder. Admittedly, no such appeal was filed, but respondent No.4 made only a representation to the Revenue Divisional Officer. The procedure followed by respondent No.4 is contrary to the mandatory provisions of the Act. Therefore, the direction given by the learned single Judge cannot be sustained. The order under appeal is accordingly set aside. Respondent No.4 is however given liberty to invoke the appellate remedy under Section 5 (5) of the Act. The writ appeal is accordingly allowed. As a sequel to the above, WAMP No. 3122 of 2009, filed by the appellant for interim relief, is disposed of as infructuous. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 19-01-2010 ks