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2022 Supreme(AP) 1485

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
Ravi Cheemalapati, J.
Vizag Social Profiles Organization - Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No. 27656 of 2018
Decided On : 30-12-2022

Advocates:
Advocate Appeared:
For the Appellant : G.V. SRIRAMA MURTY
For the Respondent: GP FOR REVENUE AP

Headnote:(A) Constitution of India - Article 226 - Writ of Mandamus - The petitioner sought to declare proceedings of the District Collector as arbitrary and illegal, impacting rights over specific land parcels - The court examined various previous orders affirming the petitioner's claim to the land while highlighting the jurisdiction limits of the District Collector to review previous decisions based merely on alleged forgeries. (Paras 9, 26, 32)

(B) Legal Authority - The court clarified that an administrative authority cannot arbitrarily review the orders made by its predecessors without statutory backing - The orders passed by earlier collectors have received judicial approval and cannot be nullified without proper legal justification. (Paras 32, 34)

Facts of the case:
The petitioner claimed ownership of land designated as ryotwari lands, purchasing it under two registered sales from the original pattadar. Past orders recognized the land as private zeroithi as opposed to government assigned land. Following adverse action by the District Collector questioning this status brought about the writ petition.

Findings of Court:
The court established that the District Collector overstepped his authority by trying to overturn previously validated orders without statutory basis, affirming the land's classification as private.

Issues: Whether the District Collector had the authority to revoke earlier declarations of land ownership and classification made by prior officers.

Ratio Decidendi: The court ruled that previous orders from the District Collector and the Revenue Divisional Officer were beyond reproach, given judicial confirmation, and reaffirmed that the subsequent District Collector's orders lacked merit and jurisdiction.

Result: Writ petition allowed, and the District Collector's orders set aside.

Table of Content
1. claim about land's classification and historical ownership. (Para 2 , 3 , 4)
2. arguments related to government classification and allegations of record tampering. (Para 6 , 7 , 8)
3. acknowledgment of dispute over land title and classification. (Para 9 , 10 , 11)
4. further evidence presented regarding land ownership rights. (Para 12 , 13 , 14)
5. court review of actions and orders relating to land classification. (Para 18 , 19 , 20 , 21)
6. previous resolutions on land classification upheld against new claims. (Para 22 , 23 , 24 , 25)
7. court's scrutiny of authority in reviewing prior decisions. (Para 27 , 28 , 29 , 30)
8. final decision to uphold previous rulings regarding land ownership. (Para 34 , 35)

ORDER :

Ravi Cheemalapati, J.

This Writ Petition has been filed by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India for the following relief:

    “…to issue writ order or direction more particularly one in the nature of writ of Mandamus, declaring the proceedings in Rc.No.2828/2016/E1, dated 25.07.2018 of the District Collector, Visakhapatnam, as being arbitrary, illegal unreasonable, violative of principles of natural justice, without verification of the records, violative of Articles 14, 21 and 300-A of the Constitution of India and set aside the same with a further direction directing the District Collector not to interfere with the rights of the petitioner and their successors in interest in respect of the land in Sy.Nos.153/1, 153/3 and 154/1, admeasuring Ac.5-28 cents, Ac.4-18 cents and Ac.0-30 cents, situated at Paradesipalem village of Visakhapatnam Rural Mandal, Visakhapatnam District and not to treat the said land as Government land …..….”

2. The case of the petitioner, in brief, is that one Devara Appaiah was the pattadar of zeroyithi land in Survey Nos.153/1, 153/3 and 154/1 co-relates to old Survey Nos.183/1 and 183/3 and the settlement adangal prepared during post abolition period and all the revenue records such as 10(1) adangal, settlement fair adangal and the present adangal as well as the survey records i.e. the oldest record in the survey being the Gillmen Register also refers that these lands are private lands and Devara Appaiah was the pattadar. The assistant settlement officer also granted settlement patta under section 11(a) of the A.P.Estate (Abolition & Conversion into ryothwari) Act,1948 in favour of Devara Appaiah. It is the further case of the petitioner that he has purchased the land in Sy.Nos.153/1, 153/3 and 154/1 from the said Devara Appaiah under two registered sale deeds bearing document Nos.2533 and 2534 of 2007 and after the said purchase, when he made applications for grant of pattadar passbooks and title deeds, the Tahsildar, Visakhapatnam Rural rejected their applications on the ground that the subject land is a government land and the same is notified under Section 22-A of the REGISTRATION ACT . Aggrieved thereby, the petitioner filed W.P.No.26335 of 2008 before the High Court and the said writ petition has been later withdrawn seeking liberty to file an appeal before the Revenue Divisional Officer under Section 5 (5) of the A.P. Rights in Land and Pattadar passbooks Act. Accordingly, the petitioner preferred appeal in Rc.No.6116/2009/C before the Revenue Divisional Officer, Visakhapatnam and the said appeal was allowed by the Revenue Divisional Officer vide orders dated 29.09.2009, after conducting elaborate enquiry and after verifying the entire record, giving a categorical finding that the said land is a rythwari zeroithi land but not government land and Sri Devara Appaiah is the pattadar vide patta No.163. However, the RDO directed the Tahsildar, Visakhapatnam Rural of incorporate the changes in the revenue records after obtaining permission from the District Collector, Visakhapatnam for deleting the said land from Section 22-A of REGISTRATION ACT . Later, when the petitioner approached the Tahsildar, he was directed to get

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