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2014 Supreme(AP) 131

HIGH COURT OF ANDHRA PRADESH
G. CHANDRAIAH & K.G. SHANKAR, JJ.
Pulugoru Gopal Reddy & Others
Versus
Mandal Revenue Officer & Another
Review W.A.M.P. No.1983 of 2011 in Writ Appeal No.1817 of 2005
Decided On : 31-01-2014

Advocates Appeared:
For the Petitioners: E. Manohar, Senior Counsel.
For the Respondents: Spl. Govt. Pleader.

Merely non-referring a couple of judgments cited by the review petitioners cannot unsettle judgment of the Division Bench.

Headnote:Review-Scope-When a judgment of Division Bench has become final rightly or wrongly so far as High Court is concerned, same could not be reviewed by reconsidering the entire evidence with a view to find out alleged apparent error for justifying the invocation of the review power-Judges of Division Bench have thoroughly considered the case and arrived at conclusions---Merely non-referring a couple of judgments cited by the review petitioners cannot unsettle judgment of the Division Bench---No ground to review judgment of Division Bench.

       Result-Review Petition dismissed.

       

Judgment

Dr. K.G. Shankar, J.

1. What is the scope of a review? Whether a review lies in this case? Whether the impugned order is liable to be reviewed? If so, to what extent? -these are the questions that arise for consideration in this case.

2. The primary question is whether Survey No.46, Akkrampally Village, admeasuring Ac.23-83 cents of land is a tank known as Polavani Kunta or Polavari Gunta is a village wherein a small tank by the same name exists. Government declared Akkrampally as Inam Estate and had taken over the same on 07-01-1959 under the provisions of the Andhra Pradesh (Andhra Area) Estates Abolition Act, 1948 (Estates Abolition Act, for short). One Tirupathi Doraswami Iyengar owned Ac.23-83 cts. of land in R.S.No.46 as a pattedar. The property was purchased on 14-7-1930 by P. Munuswamy Reddy as a member of the joint family consisting of himself and his brother P.Ramakrishna Reddy.

3. P. Ramakrishna Reddy and 6 others filed W.P.No.5121 of 1979 apprehending assignment of Survey No.46 in favour of M.S. Reddy. The writ petition was dismissed on 18-11-1985. During the pendency of W.P.No.5121 of 1979, Puligoru Gopal Reddy filed an application before the Settlement Officer, Nellore under Section 11(a) of the Estates Abolition Act contending that the land covered by Survey No.46, Akkrampally Village originally belonged to Tirupathi Doraswami Iyengar and that P. Munuswamy Reddy purchased the same as a member of the Hindu Undivided Family (HUF) consisting of himself and his brother P. Ramakrishna Reddy through a registered sale deed dated 14-7-1930.

4. The Settlement Officer, who is the Primary Authority took the application of P. Gopal Reddy on file as SR No.65/11(a)/81 C.G.R. He ordered notice to the Tahsildar, Chandragiri who was the respondent in those proceedings. The Tahsildar entered appearance and filed counter. The Tahsildar, Chandragiri claimed that the admission of the claim of P. Gopal Reddy without any application to condone the delay and without notice and opportunity to the Tahsildar to oppose the same was unjustified as violative of principles of natural justice. The Tahsildar, Chandragiri also took the stand that the land in question was required for future public purpose. The Settlement Officer conducted enquiry at Kalahasti and at Tirupathi. Through orders dated 25-10-1982, the claim petition of P. Gopal Reddy was allowed. Ryotwari Patta in favour of Puligoru Gopal Reddy, P. Sivanarayana Reddy; the vendors of Gopal Reddy by name Y. Bala Chandraiah, G. Satyanarayana Rao, A. Padmavathamma, P. Chandravathi, Karanam Chalapathi, M. Munikrishna Reddy and P. Bharathi were granted ryotwari pattas with specified extents of land mentioned in the Schedule.

5. The Special Commissioner-cum-Director of Settlement cum took up suo motu revision on the orders of Settlement Officer-Primary Authority through proceedings in R.P.186/83/(H1) in exercise of the powers under Section 5(2) of the Estates Abolition Act. The Special Commissioner-cum-Director of Settlement, however, confirmed the orders of the Settlement Officer through orders dated 30-9-1999. The Mandal Revenue Officer, Tirupathi Urban Mandal preferred a revision under Section 7(d) of the Estates Abolition Act on the orders of the Special Commissioner-cum-Director of Settlement dated 30-9-1999. The Commissioner of Appeals took the revision of the Mandal Revenue Officer, Tirupathi Urban Mandal on file as P.3/639/99 but dismissed the same. Questioning the same, W.P.No.22868 of 2002 was laid by the Mandal Revenue Officer, Tirupathi Urban Mandal. P.Gopal Reddy and 17 others filed W.P.No.22656 of 2002 praying for a direction to the Government to implement the orders of the Settlement Officer dated 25-10-1982 as confirmed by the Special Commissioner-cum-Director of Settlement and by the Commissioner of Appeals. The learned single Judge passed a common order in W.P.Nos.22868 and 22656 of 2002 on 08-8-2005. He dismissed W.P.No.22868 of 2002 filed by the Mandal Revenue Off



















































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