ORDER (Per P.V. Sanjay Kumar, J.)

These two writ appeals arise out of the common order dated 4th January, 2002 passed by a learned Judge of this Court in W.P.Nos.22862 of 2001 and 4038 of 2000.

2. Writ Appeal No. 914 of 2002 is filed by the Mandai Revenue Officer, Visakhapatnam (Rural), Visakhapatnam, the petitioner in W.P.No. 22862 of 2001, while Writ Appeal No. 958 of 2002 is filed by the Joint Collector and Settlement Officer, Visakhapatnam, and the Mandai Revenue Officer (Rural), Visakhapatnam-the respondents in W.P.No.4038 of 2000. The Petitioners in W.P.No. 4038 of 2000, being the Respondents 1 to 3 in W.P.No.22862 of 2001, are the Respondents before us in both the appeals. In addition, the Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, Respondent No.4 in W.P. No.22862 of 2001 is arrayed as Respondent No.4 in W.A.No.914 of 2002.

3. By the common order dated 4th January, 2002, the learned Judge allowed W.P.No.4038 of 2000, directing the respondents therein to mutate the names of the Writ Petitioners in the revenue records, giving effect to the patta granted to their ancestors in the year 1959 and dismissed W.P.No.22862 of 2001 filed by the authorities challenging the order of the Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, in proceedings No.P1/1681/2000, dated 10.05.2001, being an order passed in connection with the same patta..

4. Heard the learned Government Pleader for the Appellant(s) and Sri C.Kodandaram, counsel for the respondents 1 to 3 in both the writ appeals.

5. Firstly, we propose to take up W.A.No.958 of 2002 arising out of W.P.No.4038 of 2000. The case of the Respondents 1 to 3, being the petitioners in the said writ petition, was that they are the absolute owners of the land admeasuring Ac.4-28 cents covered by R.S.Nos.140/4 to 140/12 of Chinagadila Village, Visakhapatnam (Rural), Visakhapatnam, claiming title and ownership under Patta No.85. The said land is said to have been carved out of old Sy.No.20 of Chinagadila Village, which was assigned by the erstwhile Rajah of Vizianagaram during the years 1911 to 1913. It is their case that their common ancestors, viz., Kanchurbariki Pothi alias Muthigadu and others were inducted into possession of the said lands under the said orders of assignment.

6. As no patta was initially communicated to them, they filed an application under Section 11 (a) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short 'the Act') for grant of ryotwari patta. It is stated that in the course of the Section 11 (a) proceedings, it was revealed that the patta in respect of the subject lands was granted to their ancestors long ago and accordingly they, having obtained certified copies of the same, applied for withdrawal of their petition under Section 11 (a) of the Act. In this regard, they have also stated that the Joint Collector and Settlement Officer, Visakhapatnam, passed a detailed order dated 30.10.1999 holding that the patta was validly granted in their favour long ago and that they were in possession of the subject property.

7. Whether the findings in the said order dated 30.10.1999 would enure to their benefit, in view of the fact that the said Order culminated in the withdrawal of the petition under Section 11 (a) of the Act, will be dealt with separately hereinafter.

8. Continuing with the narration of the facts as reflected in tile respondents 1 to

5. Firstly, we propose to take up W.A.No.958 of 2002 arising out of W.P.NoA038 of 2000. The case of the Respondents 1 to 3, being the petitioners in the said writ petition, was that they are the absolute owners of the land admeasuring AcA-28 cents covered by R.S.Nos.140/4 to 140/12 of Chinagadila Village, Visakhapatnam (Rural), Visakhapatnam, claiming title and ownership under Patta NO.85. The said land is said to have been carved out of old Sy.No.20 of Chinagadil

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