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2001 Supreme(AP) 713

Andhra Pradesh High Court
Judges : DALAVA SUBRAHMANYAM, S.R.NAYAK
Veerappa - Appellant
Versus
Revenue Divisional Officer, Chittoor - Respondent
W.A.No.857/01
Decided On : 07-17-01
Advocates Appeared :
Mr.T.Amarnath Goud

Headnote:AP (AA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1956, Secs3 & 7(2) - Ryotwari patta granted to petitioner by Inam Deputy Tahsildar after conducting regular enquiry - Name of petitioner also mutated in revenue records - District Collector filing appeal before RDO against grant of patta with delay of 2555 days - RDO condoning delay granted stay - Appeal before RDO can be filed within 60 days from date of order - Since Act does not empower revenue Court to condone delay RDO ought not to have entertained appeal at all by condoning delay - Single Judge directed RDO to dispose of appeal within two months - RDO is creature of statute and whatever power he exercised under statute should be within parameter of power granted to him - Since statute does not confer any power, condoning delay of 2555 days does not arise - Action of RDO stright away condoning delay without notice is quite starling since very appeal filed by Collector not maintainable - Directions of Single Judge to dispose of appeal on merits does not arise - Order of Single Judge, set aside - Impugned order of RDO, quashed - Writ petition allowed

S. R. NAYAK, J.

( 1 ) THIS writ appeal is directed against the judgment and order of the learned single Judge dated 26-4-2001 in Review WPMP No. 5573 of 2000 and the order dated 14-12-2000 made in WP No. 11598 of 1994.

( 2 ) THE appellant is the writ petitioner. The appellant filed the above writ petition for a writ of certiorari to quash the proceedings No. Roc. C/8096/91 of the Revenue Divisional Officer, Tirupathi, Chittoor District, dated 7-6-1994.

( 3 ) THE background facts leading to the filing of the writ petition be noted briefly as under

( 4 ) THE petitioner purchased Ac. 1. 90 cents of agricultural land in Survey No. 241/ 3 situated at Tiruchanoor village in Chittoor District from one Sri Kodanda Ramaiah under a registered sale deed dated 1-5-1970. The Inam Deputy Tahsildar, Tirupathi, on the application of the petitioner under Section 3 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, (for short "the Act") caused enquiry and by order dated 1-5-1984 held that the land admeasuring Ac. 1. 90 cents in Sy. No. 241/3 situated at Tiruchanoor, (hereinafter referred to as "the schedule land") is Inam land situated in Inam village and it is not held by any institution and a gazette notification in that regard was published in Chittoor District Gazette dated 3-9-1984. On 14-6-1985, the Inam Deputy Tahsildar, Tirupathi, in pursuance of the determination of the land as Inam land under Section 3 of the Act, granted ryotwari patta in respect of the schedule land under Section 7 (1) of the Act to the petitioner. Pursuant to the above two orders passed by the Inam Deputy Tahsildar under Sections 3 and 7 (1) of the Act, in the month of March, 1986, the petitioner submitted an application to the Tahsildar, Tirupathi seeking for mutation of the schedule land in his name in the revenue records and accordingly, his name was mutated by the Revenue Officials in the year 1986 itself. On 13-4-1986, the Sub-Registrar sought clarification from the Revenue Divisional Officer, Tirupathi as to whether the schedule land is a government land or a private land and whether it could be registered. In response to the letter of the Sub-Registrar seeking clarification, the Revenue Divisional Officer, Tirupathi issued a Memo dated 13-4-1986 clearly stating that the Ryotwari patta was given over the schedule land and the same was given to the appellant-writ petitioner and he has been in lawful possession and enjoyment and there is no objection for getting the land registered since no communal interest is involved in it. When matter stood thus, on 24-5-1994, the Collector, Chittoor filed an appeal under Section 7 (2) of the Act assailing the validity of Ryotwari patta granted in favour of the appellant writ petitioner on 7-6-1994. The Revenue Divisional Officer (Revenue Court) passed the impugned order, which reads as follows:"roc. C/8096/91, dated 7-6-1994 Office of the Revenue Divisional Officer, Tirupati. PROCEEDINGS Sub :--LA. Act, 1956 - Chittoor District -Tirupati Division - Tirupati Rural Mandal - Tiruchanur village - S. No. 241-3 Extent 1-90 acs - Ryotwari patta granted in favour of Sri V. Veerappa - Appeal petition filed by Sri M. Satyanarayana Chetty - petition filed by the Collector, Chittoor for grant of stay orders against the grant of Ryotwari patta in SR Nos. 77/85 dated 14-6-1985 and 49/86 dated 7-3-1986 - Stay granted - Orders issued-Reg. Read: l. Petition filed by the MRO Tirupati Rural Mandal, dated 24-5-1994. 2. Petition affidavit filed by the Collector, Chittoor, dated 24-5-1994. ORDER: - The Collector, Chittoor filed a petition affidavit against the Orders of the Inam Deputy Tahsildar, Chittoor passed in SR No. 77/85 dated 14-6-1985 and 49/86 dated 7-3-1986 granting Ryotwari patta for an extent of 1-60 Acs and 0. 30 cents respectively (1. 90 Acs) comprised in S. No. 241-3 of Tiruchanur village of Tirupati Rural Mandal in favour of Sri V. Veerappa. I have perused the affidavit and grounds of a





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