RAVI NATH TILHARI
N. Venkata Subbamma – Appellant
Versus
Joint collector, Y. S. R. Kadapa – Respondent
JUDGMENT :
Ravi Nath Tilhari, J.
1. Heard Sri B. Abhay Jain, learned counsel, appearing on behalf of Sri V.R. Reddy Kovvuri, learned counsel for the petitioner and Sri Y. Subba Rao, learned Assistant Government Pleader for Revenue representing the respondents 1 to 3.
2. This writ petition under Article 226 of the Constitution of India has been filed challenging the orders in Reference LRDT/1600/2009, dated 01.02.2010, passed by the respondent No. 2 and the consequential orders in D.Dis.(E.3)/958/2010, dated 20.03.2013, passed by the respondent No. 1-Joint Collector under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Book Act, 1971 (for short "the Act, 1971") read with the Andhra Pradesh Rights in Pattadar and Pass Book Rules, 1989 (for short, "the Rules, 1989").
3. The petitioner's case is that she being landless poor, on her application, was granted the land in an extent of Ac.4.51 cents in Sy. No. 542/1 of Tippaiahpalli Village, Pullampet Mandal, Y.S.R. District by way of allotment in the year 1980. The revenue records were also mutated in her name and pattadar passbooks and title deeds were also issued in the year 1995. The 4th respondent viz., Marripalli V
Bhaurao Dagdu Paralkar vs. State of Maharashtra and others 2005:INSC:365 : (2005) 7 SCC 605
S.P. Chengalvaraya Naidu v. Jagannath [1993:INSC:344 : (1994) 1 SCC 1]
The court ruled that while the Revenue Divisional Officer lacked jurisdiction to act suo motu, the Joint Collector's revisional powers were valid in addressing fraudulent claims over government land.
The revisional jurisdiction under Section 9 of the ROR Act cannot be exercised after a long delay, and the settled rights of a person under the ROR Act cannot be unsettled after a lapse of more than ....
Claims for land ownership after significant delays must be addressed by civil courts, as administrative bodies cannot adjudicate on disputed titles without violating established rights.
Point of law: Any person aggrieved by any order made by the State Government or other authority in exercise of the powers conferred on it by the Act or these rules may, within three months of the dat....
The main legal point established in the judgment is the requirement to adhere to principles of natural justice and the prescribed method and procedure when exercising statutory powers.
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