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2015 Supreme(AP) 16

High court of Andhra Pradesh
SANJAY KUMAR, J.
Gadde Krishna Murthy and others - Petitioners
Vs.
The Mandal Revenue Officer, Sitanagaram, East Godavari District and others - Respondents
WRIT PETITION NOS.17882, 17888, 17889 AND 17891 OF 2004
Decided On : 23-01-2015

Advocates Appeared:
Counsel for petitioners: Sri VLN Gopala Krishna Murthy
Counsel for respondents: Govt. Pleader for Revenue

Headnote:

Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 - Section 11(a) - Limitation Act, 1963 - Section 5 - Individual orders - Settlement Officer - Petitioners claim to be legal heirs - Rejecting certain applications filed were passed by Settlement Officer - Claimed by them registered sale deeds - These lands formed part of estate which was notified and taken over by Government in year - Rejected subject applications on ground that they were not filed within days from date of introduction of settlement rates as prescribed - Orders of Settlement Officer were confirmed in revision by Director of Settlements Andhra Pradesh Hyderabad by common order - Common order was subjected to further revision before Commissioner Appeals Office of Chief Commissioner of Land Administration Andhra Pradesh Hyderabad and was again confirmed common order - Aggrieved thereby petitioners are before this Court seeking Writs of Certiorari to call for records relating to three orders and to quash same along with a consequential direction to Settlement Officer - Possession of land in question to be maintained until further orders – Held, As valuable property rights of petitioners are at stake and as legal position, as set out supra was ignored by authorities in so far as extant rule of Act of is concerned this Court has no hesitation in holding that summary rejection of the applications filed by petitioners and/or their predecessors-in-title of Act short ground that they were time barred applying rules framed of Act of cannot be sustained - Orders impugned in these writ petitions are accordingly set aside and matter is remitted to Settlement Officer for re-consideration on issue of delay in filing of applications of Act of on merits – Petition allowed

ORDER

Individual orders dated 06.06.1986 were passed by the Settlement Officer, Visakhapatnam, rejecting certain applications filed under Section 11(a) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for brevity, the Act of 1948). The said applications were made by the petitioners in these cases and/or their predecessors-in-title for grant of ryotwari pattas in relation to various extents of land in Singavaram Village of Korukonda Taluk, East Godavari District, claimed by them under registered sale deeds. These lands formed part of Gangulapudi Zamindari estate, which was notified and taken over by the Government in the year 1950 under the Act of 1948.

The Settlement Officer, Visakhapatnam, rejected the subject applications on the ground that they were not filed within 30 days from the date of introduction of settlement rates, as prescribed under Rule 2(4) (wrongly described as Rule 4) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Grant of Ryotwari Patta Rules, 1973 (for brevity, the Rules of 1973). The orders of the Settlement Officer were confirmed in revision by the Director of Settlements, Andhra Pradesh, Hyderabad, by common order dated 28.11.1996. The said common order was subjected to further revision before the Commissioner, Appeals, Office of the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, and was again confirmed under the common order dated 02.02.2002.

Aggrieved thereby, the petitioners are before this Court seeking Writs of Certiorari to call for the records relating to the three orders and to quash the same along with a consequential direction to the Settlement Officer, Visakhapatnam, to entertain their applications for issuance of pattas under Section 11(a) of the Act of 1948.

By individual interim orders dated 05.10.2004 passed in all the writ petitions, this Court directed status quo obtaining as on that day with regard to the possession of the land in question to be maintained until further orders.

The short issue that falls for consideration in these cases is whether the authorities concerned were correct in holding that the applications filed by the petitioners and/or their predecessors-in-title were barred by limitation.

In W.P. No.17882 of 2004, the petitioners claim to be the legal heirs of Gadde Nagabhushanam and Chokka Lovaraju, who purchased an extent of Ac.7.00 in Sy.No.11 of Singavaram Village under a registered sale deed of the year 1948. In W.P.No.17888 of 2004, the petitioners claim to be the legal heirs of Gangiri Tatabbai, who purchased an extent of Ac.3.50 cents in Sy.Nos.12, 13, 15, 101 and 102 of Singavaram Village under a registered sale deed of 1948. In W.P.No.17889 of 2004, the petitioner claims to be the legal heir of Thammisetti Posayya, who purchased an extent of Ac.16.00 in Sy.No.10 of Singavaram Village under a registered sale deed dating back to the year 1950. In W.P.No.17891 of 2004, the petitioner claims to be the legal heir of Gangisetti Appa Rao, who purchased an extent of Ac.3.50 cents in Sy.Nos.12, 13, 101 and 102 of Singavaram Village. It is the admitted case that the applications under Section 11(a) of the Act of 1948 were filed only on 15.12.1985, long after ryotwari settlement of Gangulapudi estate was effected under Section 22 of the Act of 1948. It is also the admitted position that no petitions were filed by the applicants for condonation of the delay in the filing of applications under Section 11(a) of the Act of 1948 before the Settlement Officer, Visakhapatnam. It was only before the Director of Settlements, Andhra Pradesh, Hyderabad, that such petitions were filed by all the petitioners under Section 5 of the Limitation Act, 1963.

Perusal of the individual orders dated 06.06.1986 passed in all the cases by the Settlement Officer, Visakhapatnam, manifests that the said authority was of the opinion that as the applications were not filed within 30 days after introdu



























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