WP/31083/2021 of AMBARAPU SUBRAMANYAM Vs The State of Andhra Pradesh, on 31 December 2021

ORDER:-

Heard Sri E.V.V.S. Ravi Kumar, learned counsel for the petitioners, and Sri P. Subash, learned Government Pleader for Revenue for the respondents.

The show cause notice issued by the Joint Collector (RB&R) and Additional District Magistrate, Prakasham District, Ongole i.e., the 2[nd]respondent herein vide Rc.No.D7/659/2021 dated 16.12.2021, is assailed in the present writ petition.

According to the petitioners, who are the husband and wife, they own the subject properties situated at Allinagaram Village of Komarole Mandal, Prakasham District, and they claim to have purchased this property by way of agreements of sale dated 27.01.2009, and 02.02.2012, and according to the petitioners, the revenue authorities issued Pattadar Pass Books and title deeds in their favour. The unofficial respondent herein made a representation to the District Collector, Ongole and the Revenue Divisional Officer, Markapuram, stating that the petitioners herein got their names mutated in the Revenue records by mis-representation and obtained Pattadar Pass Books and title deeds.

The 5[th] respondent herein along with 2 others approached this Court by way of filing W.P.No.13418 of 2020, for a direction to the respondent Nos. 2 and 3 therein, to consider their representation said to have been made by them on 14.08.2020. In the said writ petition, the petitioners herein have been shown as respondent Nos. 5 and 6. This Court, on 09.08.2021, issued notices and permitted the learned counsel for the petitioners therein to serve notices on the petitioners herein by RPAD.

It is submitted that the said writ petition is pending consideration before this Court now.

Admittedly, pending consideration of the said writ petition before this Court, the 2[nd] respondent/Joint Collector issued the present Show-cause Notice dated 16.12.2021, calling upon the petitioners herein to Show cause as to why the entry made in the Record of Rights, web land and Pass Books issued in their favour, should not be cancelled.

According to the learned counsel for the petitioners, the said show-cause notice issued by the 2[nd] respondent calling for explanation from the petitioners is highly illegal, arbitrary and unreasonable and the 2[nd] respondent herein should not have issued show-cause-notice pending W.P.No.13418 of 2021. It is further submitted by the learned counsel for the petitioners that the 2[nd] respondent herein issued Show-cause-notice initiating the proceedings by calling for the explanation despite the availability of the remedy of appeal before the Revenue Divisional Officer for the aggrieved parties under Section 5 of Andhra Pradesh (Rights in land) and Pattadar Pass Book Act, 1971. On the contrary, it is submitted by learned Government Pleader for Revenue that the present writ petition filed against the show-cause-notice is not maintainable and the Joint Collector/2[nd] respondent herein has jurisdiction to issue the impugned show cause notice.

It is undoubtedly true that questioning the inaction on the part of the Revenue authorities in considering their representation dated 14.08.2020, the unofficial respondent No.5 along with 2 others approached this Court for a direction to the respondent Nos. 2 and 3 therein to consider the said representation. It is also true that this Court issued notices to the petitioners, who are the respondents Nos. 5 and 6 in the aforesaid writ petition. By way of the impugned show cause notice, now the petitioners herein have been called upon to show cause as to why the revenue entries and Pattadar Pass Books issued in their favour should not be cancelled.

In the considered opinion of this Court, since obviously the 2[nd] respondent initiated action pursuant to the representation made by the 5[th] respondent along with 2

others, by any stretch of imagination, it cannot be contended that the 2[nd] respondent herein ought not to have issued the show-cause-notice. Therefore, the first contention advanced by the learned counsel for the petitioners is rejected. So far as the second contention is concerned i.e., the aggrieved party should have filed an appeal against the orders of the primary authority or entries made by the primary authorities, a perusal of the show-cause-notice issued in clear and Vivid terms reveals that the respondent authorities have mentioned the subject lands as dotted lands.

Therefore, this Court is not inclined to accept the said contention also. It is a settled and well established principal of law that unless the show-cause-notice suffers from inherent lack of jurisdiction, this Court under Article 226 of Constitution of India cannot entertain the writ petition under Article 226 of the Constitution of India. In the instant case there is no such contingency.

For the aforesaid reasons, with a liberty to the petitioner herein to respond to the show-cause-notice dated 16.12.2021, by way of explanation, rasing all the contentions for consideration of the same by the 2[nd]respondent, the writ petition stands disposed of. For submission of explanation/objections, if any, one week from the date of receipt of copy of this order, is granted to the petitioners herein.

Consequently, miscellaneous petitions pending, if any, shall also stand closed.

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__________________________

JUSTICE A.V.SESHA SAI

Date: 31.12.2021 PGT

PGT

THE HON’BLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.31083 OF 2021

Date: 31.12.2021