WP/2358/2006 of Gutti Yellamma, Vs The District Collector, on 29 December 2006

ORDER:

The revision petition filed by the petitioner under Section 9 of theA.P.Rights in Land and Pattadar Pass Books Act, 1971 (the Act, forbrevity) was rejected by the District Collector, Ranga Reddy District, interalia on the ground that the petitioner has to approach the civil Courtunder Section 8(2) of the Act instead of seeking revision of the record ofrights after lapse of 25 years. Assailing the order/Memo of the firstrespondent, dated 16.12.2005, present writ petition is filed.

After making submissions for some time, learned counsel for thepetitioner does not dispute that when the record of rights are effected infavour of the third person, if the petitioner is aggrieved by the same, herremedy is to approach the civil Court for declaration of title, in whichevent, the record of rights would be subject to the decree that may bepassed by the civil Court. Therefore, at the stage of Admission itself, thewrit petition is dismissed giving liberty to the petitioner to approach thecivil Court and seek appropriate declaration in relation to the propertyadmeasuring Acs.2.34 guntas in survey No.60 situated at Kesaramvillage and Chevella Mandal in Ranga Reddy District.

The writ petition is accordingly dismissed. No costs.

29.12.2006.pln

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(V.V.S.RAO,J)