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2005 Supreme(AP) 407

Andhra Pradesh High Court
Judges : G.YETHIRAJULU, GODA RAGHURAM
Mudiki Bhimesh Nanda - Appellant
Versus
Tirupathi Urban Development Authority, Tirupathi, Chittoor District, A.P. - Respondent
Rev.W.A.M.P.No.1791/04 in W.A.No.1710/02 etc.
Decided On : 04-25-05
Advocates Appeared :
Mr.S. R. Ashok, Mr.S. Janardhana Reddy

Headnote:CIVIL PROCEDURE CODE, Or47, R1 - Procedure for review of order or judgment - Stated - Review is creation of statute - Power of review can be exercised for correction of mistake and not to substitute a view - In exercise of power under Or47, R1 it is not permissible for an erroneous decision to be “re heard and corrected” - There is clear distinction between “erroneous decision” and “error apparent on face of record” - First can be corrected by higher forum, later only can be corrected by exercise of review jurisdiction - Application for review may be necessitated by way of invoking doctrine “actus curiae neminem gravit”

       In this case, no error apparent on face of judgment - No discovery of new matter or evidence, which was not within knowledge of petitioner - Review petitions, dismissed

G. YETHIRAJULU, J.

( 1 ) THESE review petitions are filed by Sri Mudiki bhimesh Nanda, the first respondent in Writ appeal No. 1710 of 2002 and the sole respondent in Writ Appeal No. 1626 of 1998 against the common judgment of this Court dated 27-4-2004 praying to review the said judgment by setting aside the same.

( 2 ) SINCE the petitioner in both the review petitions is one and the same and the issues involved in the petitions are interrelated, they are clubbed and this common order is passed.

( 3 ) THE review petitioner raised so many grounds far beyond the scope of order 47 Rule 1 C. P. C. by trying to impress upon this Court the necessity of reviewing the judgment dated 27-4-2004 by narrating the sequence of events relating to the case and pointing out errors committed by this Court in coming to various conclusions. In the light of various contentions raised by the review petitioner, it has to be considered whether there is any force in any of the grounds to set aside the judgment of this Court through review.

( 4 ) THE matrix of facts leading to the filing of these review petitions is briefly as under:

( 5 ) THE petitioner is a resident of tirupathi. He was granted an eksal lease (lease for one year) of the schedule land on 31-10-1974 for an extent of Ac. 4-17 guntas of agricultural land in S. No. 329 of Avilala Village of the erstwhile Chandragiri taluk, Chittoor District. The lease was renewed from time to time till 1387 Fasli. On a recommendation made by the tahsildar, the Collector reclassified the land from tank poramboke to burial ground poramboke . The petitioner filed a writ petition seeking a direction from the High court to consider his application for converting the land as assigned land and the High Court gave the direction as prayed for. The Commissioner, Land Revenue rejected the request of the petitioner for assignment of the land. The petitioner preferred a revision against the order of the commissioner, Land Revenue to the government of Andhra Pradesh. The government issued G. O. Ms. No. 492 dated 25-5-1994 directing the Collector, Chittoor to consider the application of the petitioner for assignment of the land in question after taking into consideration the eligibility of the writ petitioner. Since the Collector did not take any action in pursuance of the Government Order, the petitioner filed w. P. No. 27800 of 1995 before this Court and this Court through the order dated 12-12-1995 directed the Collector to consider the claim of the petitioner with reference to G. O. Ms. No. 492 dated 25-5-1994 within a period of four months from the date of receipt of the copy of the order of this court. In pursuance of G. O. Ms. No. 492 dated 25-5-1994 the Collector passed an order directing alienation of the land in favour of Tirupathi Urban Development authority (TUDA ). The Collector also passed appropriate orders on 25-1-1997 mentioning that the land cannot be assigned to the petitioner. Questioning the order of the Collector the petitioner filed W. P. No. 2079 of 1997 and a learned Single judge of this Court allowed the writ petition through the judgment dated 13-11-1997 directing the Collector to assign the land in question in favour of the petitioner. The government being aggrieved by the order of the learned Single Judge preferred Writ appeal No. 1626 of 1998 challenging the validity and legality of the said order. During the pendency of the said appeal the government filed a Memo seeking permission to withdraw the appeal and accordingly a division Bench of this Court passed an order on 5-9-2000 dismissing the appeal as withdrawn. Subsequently, on 26-12-2001 the respondents filed an application covered by w. A. MP. No. 2021 of 2002 requesting the court to recall the order of the Division bench dated 5-9-2000 by setting aside the order of dismissal of the writ appeal. The tuda also filed W. A. No. 1710 of 2002 questioning the order of the learned Single judge directing to set aside the assignment made by


















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