1 The State of A.P v. To 1 The State of A.P

The petitioner’s father statedly got an extent of Acs.4.00 in survey No.199 situated at Vedurupavuru Village of Gannavaram Mandal in Krishna District under registered deed dated 18.09.1925 executed by his maternal uncle, Mechineni Narsaiah. The same was settled in favour of the petitioner under a registered settlement deed dated 25.06.1943. In 1990 petitioner sold an extent of Acs.2.19½ in favour of Mettipalli Anjaiah and Ac.1.20 cents in favour of Kotagiri Narayana Rao. The vendor and vendees applied for subdivision and pattadar pass books (PPBs), which were given to them. Petitioner was given PPBs in respect of Ac.0.36 cents, which is in his possession. On an application filed by the third respondent for cancellation of PPBs issued to Devulapalli Subba Rao – petitioner herein, Revenue Divisional Officer allegedly directed the Tahsildar, Gannavaram, to conduct de novo enquiry as well as fresh survey after giving opportunity to verify the records. Aggrieved by the same, the present writ petition is filed. Against the order passed by the Revenue Divisional Officer, an effective remedy is available under Section 9 of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971, by way of revision to the Joint Collector. However, when the matter was heard at preliminary stage, contention was raised that alternative remedy is not a bar as there is violation of principles of natural justice, and that Revenue Divisional Officer did not issue any notice to the petitioner before directing Tahsildar to conduct de novo enquiry. In that view of the matter, this Court directed the learned Assistant Government Pleader for Revenue (Andhra Area) to produce the record from the Office of the Revenue Divisional Officer. The record is produced. At page No.35 of the record there is a postal acknowledgment signed by the petitioner, and office copy of the notice issued to him is found at page No.31. This would belie any allegation of non-issuance of notice. Therefore, this Court is not inclined to go into the matter. Liberty is given to the petitioner either to approach the Tahsildar and raise all objections or to file a revision petition before the Joint Collector, Krishna District. The Writ Petition is dismissed accordingly. No costs. ____________

(V.V.S.RAO, J)

05.12.2008 To 1 The State of A.P., Rep by its Revenue Divisional Officer, Nuzvid, Krishna District. 2 The State of A.P., Rep by its Tahsildar, Gannavaram, Krishna District. 3 2CCs to GP for Revenue 4 2CD copies Form-NIC-OGS/WP{LS}