Andhra Pradesh High Court
Judges : A.HANUMANTHU, P.VENKATRAMA REDDY
KHAIRUDDIN ALI - Appellant
Versus
State OF A.P. - Respondent
Decided On : 02-24-99
Land Revenue Act 1996 - Sections 87 ,166 - Constitution of India 1950 - article 226 - challenge - Questioning said two orders writ petition giving rise to present writ appeal was filed - Whether order of government has to be set aside and sent back for fresh consideration Court cannot disregard certain facts apparent from record - Before setting aside order of Government Court have to necessarily consider whether order of commissioner which was challenged before Government was within jurisdiction of Commissioner otherwise court will be restoring an illegal order passed without jurisdiction after quashing another unsustainable order and this course court are reluctant to adopt in exercise of jurisdiction under article of Constitution - Collector requested Government to set aside order of Commissioner of Survey and Settlement passed and communicated to him - By that order commissioner of Survey and Settlement to whom matter was remitted by Government at instance of appellants - Holder directed assistant Director of Land Revenue District to issue a supplemental in names of herein and other shareholders for balance area of gunt as out of survey of - Said direction was given based on issued by authorities under which ancestors of petitioners were granted patta for an extent of big has equivalent to about - It was observed by Commissioner that said was given effect to by Revenue authorities and by Government as well in Revenue Department wherein classification of land as Government Land was held to be illegal in view of - Held, Court are unable to see how Section is attracted even assuming that Commissioner of Settlements is competent authority under Sec - Which itself rests on a doubtful premise - Under Section competent authority can correct any clerical error or error admitted by party concerned - Section further empowers competent authority to hear applications made within two years after introduction of Settlement for correction of any wrong entry of in register prepared by Officer and correct such error - Court need not go into other aspects on which decision of single judge is based Whether grant under was in perpetuity and whether in absence of validation of under Enquiry Rules can be acted upon - Court see no merit in this writ appeal and same is dismissed without costs - Writ Appeal Dismissed
( 1 ) THE appellants herein are petitioners in Writ Petition No. 1760 of 1993. In that writ petition, the appellants questioned the legality of the order passed by the State Government in G. O. Ms. No. 15, Revenue (ASN. III) Department, dated 6-1-1992 and the further order dated 8-10-1992 passed by the government in the review petition preferred by the appellants. The writ petition having been dismissed, the present writ appeal is filed.
( 2 ) THE order of the Government assailed in the writ petition is the one passed by treating the communication sent by the District Collector to the Secretary to Revenue Department as a revision under Section 166-B of the A. P. (Telangana Area) Land Revenue Act. The Collector requested the Government to set aside the order of the Commissioner of Survey and Settlement passed on 26-4-1990 and communicated to him on 7-5-1990. By that order, the commissioner of Survey and Settlement, to whom the matter was remitted by the Government at the instance of appellants G. P. A. Holder, directed the assistant Director of Land Revenue, Ranga Reddy District to issue a supplemental Sethwar in the names of the petitioners (appellants herein) and other shareholders for the balance area of Ac. 98. 22 guntas out of survey nos. 184 and 185 of Cherlapalli village. The said direction was given based on the Muntakhab No. 2081 of 1357 Fasli issued by Sarfekhas authorities under which the ancestors of the petitioners were granted patta for an extent of 300 bighas, equivalent to about Ac. 225. 00. It was observed by the Commissioner that the said Muntakhab was given effect to by the Revenue authorities and by the Government as well in G. O. Ms. No. 388, Revenue (R) Department, dated 5-4-1971 wherein the classification of the land as Government Kancha Land was held to be illegal in view of the Muntakhab. It may be mentioned that a supplemental Sethwar was issued in favour of one of the writ petitioners i. e. , Mohd. All on an application filed by him on the basis of Muntakhab. The said petitioner filed application in the year 1956, soon after the Survey was finalised, seeking rectification of the entry that it was Government Kancha land. Accepting the request, the Land Records Assistant issued the supplemental Sethwar in the course of Jamabandi, 1958 recognizing the petitioner as pattadar in respect of Ac. l26. 17 guntas covered by Survey Nos. 186 and 182 (old Survey No. 141 ). The Sethwar issued by the Land Records assistant was affirmed by the Government, overruling the objections of the collector. 11 years after the said Government Order was passed, the appellants represented by the General Power of Attorney Holder, (who is the appellant herein) filed an application before the Government (Revenue Department) seeking directions to issue supplemental Sethwar for the balance extent of ac. 98. 22 guntas as per the Muntakhab. The Government rejected the petition on 22-1-1985 by a non-speaking order. Thereafter, the General Power of attorney Holder filed another revision petition before the Honourable minister for Revenue requesting him to issue orders for issuance of supplemental Sethwar for an additional extent of Ac. 98. 22 guntas in Survey nos. 184 and 185. By an order dated 20-9-1986, the Government declined to pass any orders on merits on the ground that the matter pertains to rectification of survey errors and, therefore, remitted the case to the Commissioner of survey and Settlement for disposal under Section 87 of the A. P. (Telangana area) Land Revenue Act. The Commissioner then heard the Counsel for the parties and passed an elaborate order upholding the petitioner s G. P. A. s contention and allowing his claim. Against this order dated 26-4-1990, as already stated, the Collector filed a petition to the State Government, who by an order dated 6-1-1992, set aside the order of the Commissioner while holding that the extent of Ac. 98. 22 guntas is a Government land and that the muntakh
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