THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 10978 of 2013 Date of Judgment: 15.7.2014 Between:
V. S. Srinivasulu …Petitioners And The Government of Andhra Pradesh and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 10978 of 2013 ORDER:
Heard learned counsel for the parties.
The petitioner questions a notice dated 2.1.2013 issued by Revenue Divisional Officer, Nandyal-first respondent for conducting an enquiry on an application filed by the third respondent seeking issuance of pattadar pass books. The said notice is questioned by the present petitioner primarily on the ground that there is a suit for declaration of title pending against the third respondent in O.S.No. 197 of 2005 on the file of Junior Civil Judge, Allagadda and the petitioner herein is one of the plaintiffs in the said suit. The learned counsel for the petitioner states that when a suit is pending, in terms of the provisions of Section 8 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, the revenue authorities should wait for the decision of the civil Court. It also appears from the records that the third respondent is seeking issuance of pattadar pass books on the basis of an exparte decree obtained by him in O.S.No. 270 of 2004 on the file of the Junior Civil Judge, Allagadda. The issue, therefore, which is argued and which shall be considered in the enquiry is with respect to whether the action of the first respondent is affected by the provisions of Section 8 of the aforesaid Act, and whether he has to wait for the decision of the civil Court or whether he has to give effect to the decree in O.S.No. 270 of 2004. The petitioner has not, however, filed any objections on the said notice issued to him. At the stage of that notice, I am not inclined to entertain the writ petition. However, the petitioner is granted liberty to file objections raising all his contentions which shall be considered by the first respondent and appropriate orders in accordance with law will be passed.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No costs.
VILAS V. AFZULPURKAR, J Dt. 15.7.2014 KR