Andhra Pradesh High Court
Judges : N.Y.HANUMANTHAPPA, T.N.C.RANGA RAJAN
Koyya Veeraju - Appellant
Versus
Mandal Revenue Officer, Gollaprolu, E.G.Dist. - Respondent
Decided On : 04-19-97
( 1 ) ). BJECT matter involved in these two writ petitions is common and parties are also common. As such both the petitions are clubbed together and disposed of by a common order.
( 2 ) W. P. NO. 3039 of 1989 is filed seeking for the relief that a Writ of Mandamus be granted declaring the action of the respondents as illegal and further direct them to mutate the names of the petitioners in revenue records as per the ryotwari Patta Certificate issued under Section 11 (a) of the Act XXVI of 1948 issued by the Settlement Officer, Visakhapatnam in R. P. No. 275 of 1962 dated 30-4-1963 and to grant such other relief.
( 3 ) RELIEF sought in W. P. No. 13648 of 1991 is to issue Writ of Certiorari to quash the show cause notice issued by the Director of Settlements, Andhra pradesh, Hyderabad in R. P. No. 159/91 dated 12-8-1991 and further to declare his action in suo motu exercising the power under Section 5 (2) of the Act 26 of 1948 after a lapse of 28 years against the orders of the Settlement Officer passed in R. P. No. 275/62 dated 30-4-1963 as illegal and without jurisdiction and further to direct the authorities to mutate the names of the petitioners in the revenue records as per the Ryotwari Patta Certificates issued under section 11 (a) of the Act by the Settlement Officer, Visakhapatnam in r. P. No. 275/62 dated 30-4-1963 to an extent of Ac. 42-13 cents in R. S. No. 175 situated at Kodavalli village, Gollaprolu Mandal, East Godavari District and pass such other order.
( 4 ) ). A few facts which are necessary to dispose of these two writ petitions, are as follows: petitioners 1 and 3 are the sons and 4th Petitioner is wife of one mr. Chellaiah. Second petitioner is the wife of the first petitioner and they are residents of A. V. Nagaram, East Godavari District. An extent of ac. 42-13 cents of land in Survey No. 175 situated at Kodavali village, gollaprolu Mandal, Pithapuram taluq, East Godavari District was purchased by the petitioners from one Kirlampudi Sugar Cane Farms Limited under registered sale deeds during the year 1957. After the purchase the petitioners were put in possession of the land and they were enjoying the ryoti lands by raising crops. But in survey records the land was shown as Tank Poramboke and also in village Adangals. The village was a Zamin Estate taken over by the Government in view of the provisions under A. P. (Andhra Area) Estates abolition and conversion into Ryotwari Act (Act XXVI of 1948 ). On the request made by the petitioners, the Settlement Officer, Visakhapatnam exercising his power conferred under Section ll (a) of the Act issued Ryotwari patta after satisfying the land in question situated in the midst of Zerioti patta lands and the water from the tank dug therein being used for irrigating the land. This order was made by the Settlement Officer in his proceedings R. P. No. 275/62 dated 30-4-1963. The Tahsildar, Pithapuram challenged the said order under section 57 (ii) (d) of the Act before the Director of Settlements. The said Revision petition was highly belated. The Director of Settlements passed an order on 21-9-1964 in R. P. No. 185/64 setting aside the orders of the Settlement Officer. Questioning the same, a Revision was filed before the Commissioner of Survey, settlements and Land Records, Andhra Pradesh, Hyderabad. The commissioner in his proceedings B. P. Ms. No. 84/67dated 17-2-1967 confirmed the orders of the Director of Survey and Settlements. Questioning the same, the petitioners filed W. P. NO. 1082/-67 before this Court. After contest the Writ petition was allowed and the orders of the Director of Survey and Settlements as well as the Commissioner of Survey, Settlements and Land Records were quashed and the matter was remanded to the Director of Settlements for fresh disposal with a direction that the Director of Settlements shall consider whether sufficient grounds were made for entertaining the petition filed beyond the time and consequently determ
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