HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.22831 of 2004 Date: 1.9.2014 Between:
Ranjit Prasad, Burgula Village, Mahaboobnagar District and others. And Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District and others.
…Petitioners ... Respondents HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.22831 of 2004 O R D E R:
The grievance of the petitioners is with regard to the action of the revenue authorities in not implementing the orders dated 25.3.1996 passed by the Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District and the subsequent review of the said order by the Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District in Proceedings No. B/731/2003 dated 29.1.2004.
By the Proceedings dated 25.3.1996, the Mandal Revenue Officer accepted that the petitioners succeeded to the property held by their mother, late Smt. Tarabai, and accordingly directed incorporation of their names in the revenue records in respect of Survey Nos. 39, 156, 157, 158, 263 and 264 of Daira Village, Keesara Mandal, Ranga Reddy District. In the year 2003, the Mandal Revenue Inspector seems to have addressed letter dated 24.6.2003 to the Mandal Revenue Officer, Keesara mandal, confirming the factual position of the petitioners being in possession of these lands. While so, the Mandal Revenue Officer, Keesara Mandal, issued fresh proceedings dated 29.1.2004 wherein he took note of the objection filed by one Bhupal Reddy, the third respondent herein, with regard to the land in Survey No. 39 of Daira Village. The Mandal Revenue Officer, however, also recorded the fact that no authenticated document was produced by the third respondent in respect of his claim. Despite the same, the Mandal Revenue Officer deleted the said survey number from the holding of the petitioners and ordered for issuance of pattadar pass books and title deeds to the petitioners only in respect of the lands in the other survey numbers leaving aside Survey No.39 of Daira Village. In effect, the Mandal Revenue Officer reviewed the earlier Proceedings dated 25.3.1996.
The provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971, does not vest the Mandal Revenue Officer with the power of review. Under Section 3(3) thereof, the Mandal Revenue Officer would have the power of rectifying the existing entries in the records within the stipulated time reckoned from the date of the notification issued under Section 3(2) thereof. Beyond that time, any person aggrieved by an entry in the revenue record would necessarily have to approach a higher authority or the competent civil forum for redressal of his grievance. The Mandal Revenue Officer, Keesara Mandal, Ranga Reddy District, therefore had no power to entertain the petition filed by the third respondent and cause modification of the earlier order dated 25.3.1996 passed by his predecessor. On this short ground, the Proceedings dated 29.1.2004 are set aside. The Revenue authorities shall give effect to the earlier proceedings dated 25.3.1996 ignoring the later proceedings dated 29.1.2004.
The writ petition is accordingly disposed of. Be it noted that the third respondent, despite service of notice, failed to enter appearance before this Court. Pending miscellaneous applications, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR,J Date: 1st September, 2014 pnb