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D. V. S. S. SOMAYAJULU
State of Andhra Pradesh – Appellant
Versus
M. Chinnapapamma – Respondent
JUDGMENT
1. This Writ Petition is filed for the following relief:
"...to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the orders dtd. 11/7/2019 and 2/3/2013 in P1/1315/1999 of the Commissioner of Appeals, Vijayawada i.e., 7th respondent and the order dtd. 9/6/19999 in R.P.No.9/94HI of the 6th respondent i.e., Director of Settlements AP. And orders dtd. 13/4/1982 of 5th respondent i.e., Settlement Officer, Nellore at present Joint Collector cum Settlement Officer, Chittoor issued without following the provisions of the A.P. Estate Abolition Act, 1948 as unlawful and unjust suffering the communal interests and principles of Natural Justice and Article 330-A of the Constitution of Indi and consequently set aside the said impugned orders."
2. This Court has heard the learned Government Pleader for Revenue appearing for the petitioners, Sri Subba Rao Korrapati, learned counsel for respondents 1 to 4 and the learned Government Pleader for Assignment for Respondents 5 to 7.
3. Learned Government Pleader for Revenue along with his submissions filed a note mentioning the dates and sequence of events. It is his contention that the land in Sy.No.
Fraud must be pleaded and proved with specificity and clarity. The standard of proof required to establish fraud is very high, bordering on proof beyond reasonable doubt.
Photocopies of the documents filed cannot be treated as “proved”. Pre-abolition records are not produced and proved. Even otherwise this Court while exercising functions under Article 226 of the Cons....
Point of Law : The Doctrine of audi alteram partem has three basic essentials, a person against whom an order is required to be passed or whose rights are likely to be affected adversely must be gran....
Point of law: Fraud vitiates everything. If an order is vitiated by fraud, it does not attain finality and it can be set at naught by a proper proceedings
The central legal point established in the judgment is the importance of upholding the integrity of legal processes, ensuring compliance with court orders, and preventing manipulation of legal procee....
The main legal point established in the judgment is that once the Settlement Officer's order reached finality, issuing Patta for the same land on different grounds is not sustainable in the eye of la....
The High Court cannot interfere with concurrent findings of fact recorded by quasi-judicial authorities in the absence of any jurisdictional error or patent perversity.
The genuineness of documents submitted by the petitioners and the need for the 5th respondent to consider the observations made by the Chief Commissioner of Land Administration, Hyderabad.
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