M.S. Ramachandra Rao, J.

1. This Writ Petition has been filed by the petitioners assailing order dt. 04-08-2009 in proceedings Rc. No. F1/12101/90 of the 2nd respondent, to quash the same as being without jurisdiction, arbitrary and mala fide and contrary to the order of this Court in W.A. No. 2322 of 2003 and to direct the respondents to implement the said orders by issuing pattadar passbook and title deed to the petitioners.

THE UNDISPUTED FACTS:

The following facts are undisputed.

(a) One S. Ramanaiah is the husband of the 1st petitioner and the father of petitioner Nos. 2 and 3. S. Ramaiah is the father of S. Ramanaiah.

(b) S. Ramaiah was inducted into possession of an extent of Ac.9.00 cts covered by Paimaish No. 196 co-related to R.S. No. 251/1 of Vedantapuram village, Chittoor District by Sri Prayag Das Ji, Mahant of Sri Hathiramji Matt under a Saswatapatta dt. 05-03-1943. S. Ramaiah died in 1978. S. Ramanaiah continued to be in possession of the property.

(c) In 1978, S. Ramanaiah filed a petition under Section 11(a) of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short the Act) before the Settlement Officer alleging that since he was suffering from paralysis he could not apply for the same in time and seeking patta under the said Act.

(d) The Settlement Officer, Nellore by name A.D.V. Reddy granted to S. Ramaniah, a ryotwari patta under Section 11(a) of the Act vide proceedings S.R. No. 81/11(a)/81 dt. 19-01-1982 in respect of the extent of Ac.9.00 cts in Sy. No. 251/1 of Vedantapuram village, Tirupathi Rural Mandal.

(e) The Settlement Officer relied on the said Saswatha patta dt. 05-03-1940, cist receipts dt. 05-06-1045, dt. 02-01-1947, dt. 10-12-1946 produced by S. Ramaniah, apart from oral evidence of the Trione Officer and Ex-Village Munsif of Vedantapuram who worked as such between 1937 to 1952 as well as a counter affidavit filed by the Tahsildar, Chandragiri. This was implemented in the revenue records and pattadar pass book was issued in 1983 to S. Ramanaiah under the A.P. Rights in Land and Pattadar Pass Books Act, 1971.

(f) However, the Director of Settlements exercised suo motu powers of Revision in 1984 and sought to cancel the said patta, on the following grounds:

(i) Patta was granted on the basis of the claim and documents filed without examining the pre-abolition records and verifying whether the claimant or his vendor was in physical occupation and enjoyment of the lands prior to 1-7-1945.

(ii) Notice of enquiry was not served on the Tahsildar who is to safeguard the public interest.

(iii) Cist receipts alone are not sufficient to hold that the grantee is eligible for Ryotwari patta unless they are coupled with any recorded evidence of the estate regime and

(iv) No documentary evidence of pre-abolition estate accounts was produced in support of the claim in the absence of which the 'genuineness of the cist receipts and other documents is not free from doubt'.

(g) Smt. Vanajakshamma, a third party, got impleaded in the Revision and claimed an extent of Ac.5.00 cts in Sy. No. 251/1 on the ground that she was granted eksal patta. She alleged that she is in possession of the land.

(h) Vide proceedings R.P. No. 251/84H1 dt. 30-04-1990, the Director of Settlements set aside the orders of the Settlement Officer, Nellore on the basis that the land for which patta had been granted to S. Ramaniah was Swarnamukhi river poramboke.

According to petitioners, this was done relying on photo copies of some documents submitted by the Government Pleader during the arguments and without considering the documents relied upon by the 1st petitioners husband S. Ramanaiah.

(i) Challenging the said order of the Director of Settlements in R.P. No. 251/84 dt. 30-04-1990, S. Ramanaiah filed Revision Petition under Section 7(d) of the Act before the Commissioner, Appeals, Office of the Chief Commissioner of Land Administration, A.P., Hyderabad.

(j) The Commissioner, Appeals, vide order dt. 28-08-2000