IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3991 of 2008 Between: 1 M.javeed Osman S/o.M.K.Humayun R/o.H.No.122-437/7/38 Gudi Malkapur, Muradnagar,Hyderabad 2 Smt.Tanveer Fatima W/o.Syed Irfan Ahmed R/o.H.No.122-437/7/30 Gudi Malkapur, Muradnagar,Hyderabad 3 Smt.Yasmeen Sultana D/o.Md.Azmatullah Hussain R/o.H.No.122-437/7/30 Gudi Malkapur, Muradnagar,Hyderabad 4 Viquar Ahmed S/o.M.K.Humayun R/o.H.No.122-437/7/38 Gudi Malkapur, Muradnagar,Hyderabad (All the petitioners are rep.by GPA Mohd.Gayasuddin, S/o. Late Mohd.Ibrahim Saheb,R/o.3-5-855/4, Hyderguda, Hyderabad ..... PETITIONERS AND 1 Special Grade Deputy Collector and Revenue Divisional Officer, Ranga Reddy District, Saroornagar, Hyderabad 2 Tahsildar and Deputy Collector, Saroorngar Mandal Ranga Reddy District, East Zone, Goshamahal, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of mandamus or any other appropriate writ order or directions directing the respondents to forthwith mutate the relevant Revenue Records by entering the names of the petitioners as pattadars in respect of the vacant land to an extent of 8333 square yards in Sy.No.24 Saroornagar village, and Mandal, Ranga Reddy District popularly known as Cricket ground by setting aside the order passed in Proceedings No.B/5162/2006 dated 21.4.2007 on the file of the 2nd respondent herein. Counsel for the Petitioners:MR.G.RAMACHANDRA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3991 of 2008 ORDER: It is the case of the petitioners that their G.P.A. Holder namely one Sri Mohd Gayasuddin, filed an application, dated 26-03-2007, for mutation of their names in the revenue records in respect of the land admeasuring 8333 sq. yards in Sy.No.24 situated at Saroornagar Revenue Village and Mandal, Ranga Reddy District. But, the said application was rejected by the 2nd respondent through proceedings No.B/5162/2006, dated 21-04- 2007, holding that the land admeasuring Ac.8-23 gts. in Sy.No.24 situated at Saroornagar Revenue Village and Mandal, Ranga Reddy District, is classified as “Kancha Sarkari”, in which, some Government buildings are existing already leaving 8813 sq. yards open land known as play ground. It is stated that aggrieved by the said order of the 2nd respondent, dated 21-04-2007, the petitioner filed an appeal along with stay application before the 1st respondent on 15-12-2007. Learned Government Pleader for Revenue appearing for respondents submits that no appeal lies under Section 5-B of the A.P. Rights in Land and Pattadar Passbook Act, 1972 (for short “the Act”) but appeal is provided only under Section 5(5) of the Act before the Revenue Divisional Officer. It is further stated that the land in question is not an agricultural land and, therefore, the question of mutation does not arise. However, it is open for the petitioners to settle their dispute in an appropriate civil court only but not before the Revenue Authority. I am not inclined to express any opinion with regard to the rival contentions. Infact, the relief claimed in the writ petition cannot be granted. However, as the appeal is pending before the 1st respondent, I am of the opinion that it is just and proper to direct the 1st respondent to consider and dispose of the appeal itself. Accordingly, the writ petition is disposed of directing the 1st respondent to consider and dispose of the appeal filed against the order of the 2nd respondent in proceedings No.B/5162/2006, dated 21-04-2007, in accordance with law, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ___________ 26-02-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}