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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NINALA JAYASURYA, TARLADA RAJASEKHAR RAO
State Of Andhra Pradesh, Rep.By Its Principal Secretary, Revenue Department – Appellant
Versus
Damera Veeraswamy Naidu, S/O. Pularna Naidu – Respondent
| Table of Content |
|---|
| 1. factual background of land dispute and petitions. (Para 2 , 3 , 5 , 6) |
| 2. court's observations on the review grounds. (Para 7 , 19) |
| 3. arguments regarding review petition and appeal. (Para 8 , 12) |
| 4. legal standards for review under order 47. (Para 14 , 16 , 18) |
| 5. final dismissal of the review application. (Para 21) |
ORDER :
Tarlada Rajasekhar Rao, J.
The present I.A. No. 1 of 2023 is filed to review the order dated 30.01.2022 in I.A. No.2 of 2018 in W.A. No. 247 of 2018.
2. A few facts may be now noted to enable this Court to dispose of the present petition:
3. The case of the writ petitioner in Writ Petition No: 17165 of 2015 is that he was granted Ryotwari Patta in an extent of Ac. 54.00 cents in Sy. No: 288/P, 482, 483, 484, (Khata No. 172) in Pallam Village and an extent of Ac 11-00 in Sy No. 310 (Khata No. 45) in Chintalapalem Village, by the Assistant Settlement Officer on 14.12.1966 vide S.R. No: 369/15(1)/62KHT. To obtain loan from the bank he took the records to the Bank on 20-04-2015 to submit the same to the banker. While he is travelling from Chintalpalem to Yerpedu he lost the same where the bank is located, even the petitioner’s best efforts he is not able
A review petition under Order 47 Rule 1 CPC is not maintainable if it merely reiterates previously made arguments without presenting new evidence or valid grounds.
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....
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....
The scope of judicial review is confined to decision making process and not the decision per se.
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.
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.
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