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2016 Supreme(AP) 708
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M.S. RAMACHANDRA RAO, J.
J. Ramesh - Petitioner
Versus
Chief Commissioner of Land Admn., Hyderabad and others - Respondents
W.P. Nos. 20133 of 2007 and 7087 and 14230 of 2008
Decided On : 13-07-2016
For the Petitioner:Mr. Anjaneyulu, Advocate.
For the Respondents: G.P. for Revenue.
Headnote:
A.P. (Andhra Area) Estates Abolition and Conversion into Ryotwari Act, 1947 – Section 11(a) – Petitions are being disposed of by this common order since the same order passed by the Commissioner of Appeals in Proceedings – Special Commissioner and Director of Settlements, Hyderabad in exercise of power conferred under Section 5(2) of the Act initiated a suo moto revisional enquiry on the ground that the said patta was granted to Smt. Vasanthamma without examining the pre and post abolition records and without verifying whether the property was ryoti or non-ryoti land and also without verifying whether Smt. Vasanthamma or her predecessors were in physical vacant possession and enjoyment of the land – held, Commissioner of Appeals could not have given any finding on the purchase of Ac.1-26 cents by Sri Gopal in the Revision filed by the Mandal Revenue Officer, Tirupati(Urban) while holding that the Mandal Revenue Officer, Tirupati(Urban) was not an affected party against the orders passed by the Settlement Officer, Nellore. This is because if the very appeal is not maintainable, it should be dismissed and no finding of this nature could be given – If they have any dispute with their mother Smt. Vasanthamma with regard to the sale in favour of Sri G. Gopal, they ought to approach the competent Civil Court for redressal of their grievances and they cannot agitate their claim before the Authorities under the Act – Petition dismissed
M.S. Ramachandra Rao, J.
These three Writ Petitions are being disposed of by this common order since the same order passed by the Commissioner of Appeals in Proceedings No.P3/1101/2001 dated 16.03.2006 is impugned in all three matters and the parties to these three Writ Petitions are also one and the same.
2. One Smt. J. Vasanthamma, has purchased an extent of Acs.2-65 cents in survey No.31/1P(New survey No.31/1A) situated at Mangalam village, Tirupathi Urban Mandal, Chittoor District under a registered sale deed dated 21.11.1968 from one Arjun Pillai, who in turn got the land from one Yellappa Reddy in exchange in 1954.
3. The said Smt. Vasanthamma is the 6th respondent in W.P.No.7087 of 2008 and 4th respondent in WP.No.20133 of 2007 and W.P.No.14230 of 2008.
4. Smt. Vasanthamma had applied for grant of Ryotwari Patta under 11(a) of the A.P. (Andhra Area) Estates Abolition and Conversion into Ryotwari Act, 1947(for short 'the Act') before the Settlement Officer, Nellore.
5. By order dated 30.06.1982 in Proceedings SR/11(a)/82-CGR, Ryotwari Patta was granted to Smt. Vasanthamma by the Settlement Officer, Nellore.
6. There was no challenge to the said Ryotwari Patta granted to Smt. Vasanthamma by anybody.
7. Petitioner in W.P.No.7087 of 2008 claims that his father G. Muniswamy Naidu purchased Ac.0-65 cents in survey No.31/1A from said Smt. Vasanthamma under registered sale deed dated 15.02.1985 and that he succeeded to the said land after the death of his father. He is also impleaded as 6th respondent in W.P.No.20133 of 2007 and W.P.No.14230 of 2008.
8. One G. Gopal, who is 5th respondent in all the three Writ Petitions claimed that he had purchased an extent of Ac.1-26 cents out of Acs.2-65 cents from Smt. Vasanthamma under an unregistered sale deed and that it is validated by the Civil Court on 12.04.2000.
9. The Special Commissioner and Director of Settlements, Hyderabad in exercise of power conferred under Section 5(2) of the Act initiated a suo moto revisional enquiry in R.P.No.290/84(H1) on the ground that the said patta was granted to Smt. Vasanthamma without examining the pre and post abolition records and without verifying whether the property was ryoti or non-ryoti land and also without verifying whether Smt. Vasanthamma or her predecessors were in physical vacant possession and enjoyment of the land prior to 01.07.1945.
10. Notice of the said proceeding was issued to Smt. Vasanthamma.
11. In the said Revision Sri G. Gopal also got impleaded.
12. After hearing Smt. Vasanthamma and Sri G. Gopal, the Special Commissioner and Director of Settlements came to the conclusion that the land in respect of which Ryotwari Patta was granted to Smt. Vasanthamma was Ryoti land and it had been in continuous possession and enjoyment of Smt. Vasanthamma and her predecessors in title well before 01.07.1945 and that it was patta land during pre and post abolition periods. Therefore he upheld the order of the Settlement Officer in SR.No.68/11(a)/82 CGR, and dropped the suo moto revisional enquiry. But in the said order, an observation was made that the document dated 25.03.1980 produced by Sri G. Gopal indicated that he acquired Ac.1-26 cents from Smt. Vasanthamma and that copies of the land revenue receipts for Faslis 1388 to 1395, 1396, 1397, 1399 and 1400 showed that he paid land revenue to the Government from the date of his purchase.
13. Challenging this order of the Special Commissioner and Director of Settlements, Hyderabad in R.P.No.290/84/H1, dated 09.08.2000, the Mandal Revenue Officer, Tirupati(Urban) filed a Revision in RP.No.1101/2001 before the Commissioner of Appeals(Settlements) A.P., Hyderabad.
14. The said Revision was filed under Section 7(d) of the Act and was numbered as Commissioner of Appeals Proceedings No.P3/1101/2001.
15. Smt. Vasanthamma and Gopal were made parties in the said Revision. Subsequently, the petitioner in W.P.No.7087 of 2008 and the sons of Smt. Vasanthamma by name J. Ramesh and J. Bhaskar Rao filed applic
