Soyam Nagaraju v. Tahsildar, Charla Mandal, Charla
2013-07-23
C.V.NAGARJUNA REDDY
body2013
DigiLaw.ai
Judgment : This writ petition is filed for a Mandamus to set aside proceedings in RC.No.B/669/2013, dated 08.07.2013, of respondent No.1, whereby he has directed the petitioner not to enter the land admeasuring Ac.3-57 ½ cents situated in Sy.No.14/5 of C. Kothuru Revenue village. In the view this Court is proposing to take, it is not necessary to put respondent No.4 on notice. The name of the petitioner was entered in the Record of Rights by respondent No.1 in respect of the above-mentioned land. Questioning the same, respondent No.4 filed an appeal before respondent No.2. By order dated 25.03.2013, respondent No.2 has set aside the order of respondent No.1 and remanded the matter to respondent No.1 for deciding the dispute afresh. Following the said order, respondent No.1 has issued the impugned notice. In my opinion, under the provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 (for short ‘the Act’), respondent No.1 is empowered to make entries and also effect changes in the entries made in the Record of Rights, by following the prescribed procedure. Respondent No.1 has no power or authority to restrain any party from physical enjoyment of the properties. If at all, it is only the rival claimants who have a right to approach the competent civil Court for such reliefs. Merely on account of the fact that respondent No.2 has set aside the order passed in favour of the petitioner and remanded the case to respondent No.1, the petitioner cannot be prevented from physically enjoying the property if he is in possession thereof by any of the functionaries under the provisions of the Act. In this view of the matter, the impugned order is set aside. The writ petition is accordingly allowed. As a sequel, the W.P.M.Ps, if any, pending are disposed of as infructuous.