IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI CHEEMALAPATI, J.
Allu Bhaskara Benargi – Appellant
Versus
The State of Andhra Pradesh - Respondent
Writ Petition No.3835 of 2020
Decided on : 04-01-2023
A.P.(A.A) Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Section14-A - Constitution of India,1950 - Articles 14, 21 and 300-A - Suo moto revision by issuing show cause notice - Whether suot moto revision can be entertained in relation to ryotwari patta - Held, - Writ Petition is Disposed of.
ORDER:
This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:
2. The case of the petitioners in brief is that, the 2nd respondent in initiating suo moto revision by issuing show cause notice vide CCLA’s Ref.No.VI/68/2010, dated 13.07.2010 and subsequent notice issued under Section 14-A of the A.P. (A.A) Inams (Abolition and Conversion into Ryotwari) Act, 1956 for modification of ryotwari patta issued by the Special Deputy Tahsildar (Inams) Parvathipuram on 06.09.1960, without having power/jurisdiction and also in violation of order, dated 24.02.2009 passed by this Court in W.P.No.16002 of 2002. Questioning the same, the present writ petition is filed.
3. The 5th respondent/Tahsildar filed counter denying the allegations inter alia contending that the 2nd respondent/Commissioner has revisional powers under Section 14-A of the A.P. (A.A) Inams (Abolition and Conversion into Ryotwari) Act, 1956 to entertain at any time either suo moto or an application made to it, call for and examine the records relating to any proceedings taken in this regard for the purpose of satisfying itself as to the regularity or corrections, legality or property of the proceedings and if it appears that such orders should be modified, annulled, revised etc. may pass orders accordingly. The respondents also filed W.A.No.40249 of 2011 against the orders, dated 24.02.2009 in W.P.No.16002 of 2002 and the same is pending. The 2nd respondent has revisional powers to review the decision taken by the Special Deputy Tahsildar (Inam) Parvathipuram, dated 16.09.1960 and the writ petitioners have right to defend their interest by appearing before the 2nd respondent. Hence, prayed to dismiss the writ petition.
4. Heard Sri G.Gopala Krishna, learned counsel representing Sri Alluri Krishnam Raju, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.
5. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, the Special Deputy Tahsildar (Inams), Parvathipuram has issued ryotwari patta on 06.09.1960 in favour of the petitioners’ father, which is placed on record and draw the attention of this Court. Pursuant to the request made for mutation of the revenue records, the Sub Collector recommended for the same vide D.Dis.No.5414/1988, dated 17.09.1988, which is also placed on record and draw the attention of this Court to the same but as the authorities have not considered, the original pattadars made a representation to the Joint Collector, wherein the Joint Collector refused for mutation of their names in the revenue records, vide endorsement, dated 18.06.2002. Aggrieved by the same, they filed W.P.No.16002 of 2002 wherein this Court, quashed the said endorsement and directed the respondents therein to implement the ryotwari patta granted in favour of the petitioners therein, by its order dat
Gajuwaka Gram Panchayat vs. Medisetti Venkata Suryanarayana and another
Joint Collector Ranga Reddy District and another vs. D.Narasing Rao and others
Point of Law- Section 11 (a) of the Act it is clear that every ryot who claims for grant of ryotwari patta under Section 11 (a) of the Act has to fulfill the following requirements.(i) the land claim....
The court emphasized the violation of natural justice principles, specifically the right to be heard, in the context of administrative decisions under the Inams Abolition Act.
The court held that petitioners failed to establish their entitlement to Ryotwari Patta and did not challenge the grant to Inamdars within the statutory period, leading to dismissal of their petition....
Proper assessment of the petitioner's right over the disputed survey numbers under the Tamil Nadu Minor Inam Abolition and Conversion into Ryotwari Act, 1963 is crucial in granting Patta.
Suo motu revision powers cannot be exercised when an appeal remedy exists under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948.
The court established that jurisdictional overreach by administrative authorities can invalidate their orders, necessitating adherence to procedural fairness.
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