IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD, J.
The State of Andhra Pradesh, rep. by the District Collector, Chittoor District. – Appellant
Versus
The Commissioner of Appeals, O/o. The Chief Commissioner of Land Administration – Respondent
WRIT PETITION NO: 29039 OF 2011
Decided on : 05-06-2025
| Table of Content |
|---|
| 1. writ petition introduction and parties (Para 1 , 2 , 3) |
| 2. background of competing claims for land (Para 4 , 5 , 6) |
| 3. claim details and legal contentions (Para 7 , 8 , 9) |
| 4. detailed evidence presented for claims (Para 10 , 11 , 12) |
| 5. discussion on abuse of process and burden of proof (Para 15 , 19 , 36) |
| 6. judicial review on quasi-judicial orders (Para 24 , 25 , 26) |
| 7. principles of finality in legal findings (Para 27 , 28 , 29 , 30) |
| 8. dismissal of the writ petition and order (Para 37 , 38) |
GANNAMANENI RAMAKRISHNA PRASAD, J.
1. Heard Sri B. Sasibushana Rao, learned Government Pleader representing the Additional Advocate General and Sri V. Jagapathi, learned Counsel for the Unofficial Respondent Nos.3 to 5.
2. It transpires from the Cause-title that Respondent No.3 (Smt. Baduru Subbamma) is no more. The Respondent Nos.4 & 5 are the Legal Representatives (sons) of Respondent No.3.
3. The prayer sought in the present Writ Petition is as under;
“It is therefore prayed that this Hon’ble Court may be pleased to issue a writ of Certiorari calling for the records relating to the orders of the Commissioner Appeals in Proceedings No.P1/594/2000, dated 19.01.2010 in confirming the orders of the Special Commissioner and Director of Settlements in R.P.No.55/87-H1, dated 20.08.1999 and also confirming the orders of the Settlement Officer in S.R.No.164/1(a)/82 dated 04.02.1987 and declare the said proceedings are as being arbitrary, illegal, unreasonable and contrary to the provisions of Andhra Pradesh (Estates Abolition) Act 1948 and set aside the proceedings and orders of the 3^^parties and pass such other order ororders as are deemed fit and proper in the circumstances ofthe case. ”
4. At the outset, this Court would indicate that the Writ Petitioner has filed this Writ Petition challenging the concurrent findings rendered by three Authorities and these three Orders (which have rendered the concurrent findings) are based on the previous Proceedings of the Assistant Settlement Officer dated 13.11.1969 in S.R.Nos.13 to 18, 20, 22 to 24, 26 to 45 of 2011 which has conferred substantive rights granting Ryotwari Patta to several Ryots, who are similarly placed as that of the Unofficial Respondent Nos. 3 to 5 herein. The Assistant Settlement Officer, Nellore vide S.R.Nos.13 to 18, 20, 22 to 24, 26 to 45 of 2011 dated 13.11.1969 had held that the ancestors of the Respondent Nos.3 to 5 herein were entitled to be granted ryotwari patta inasmuch as the said ancestors have been in possession even prior to coming into force of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. These Proceedings under Section 11 (a) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 were upheld and followed by the Settlement Officer, Nellore vide Order dated 04.02.1987. The Revenue Authorities have challenged the findings of the Settlement Officer, Nellore dated 04.02.1987 before the Special Commissioner and Director of Settlements. The Special Commissioner and Director of Settlements vide Order dated 20.08.1999 had upheld the concurrent findings of the Authorities below and dismissed the Revision Petition filed by the District Collector bearing R.P.No.55/87-H1 vide Order dated 20.08.1999 (Ex.P.2). This Order of the Special Commissioner and Director of Settlements came to be challenged before the Chief Commissioner of Land Administration (CCLA) by filing another Revision Petition. Vide Proceeding No.P1/594/2000 dated 19.01.2010 the CCLA had confirmed the concurrent findings of the two Authorities below. Having lost before all the Authorities since the year 1969, the District Collector has filed the present Writ Petition assailing the findings rendered by the three Authorities below. In the meantime, the subject land was acquired by the Government for the purpose of Tirupati Airport.
Submissions of the Writ Petitioner (Joint Collector):
5. The facts, as projected by the
Ibrahimpatnam Taluk Vyavasaya Coolie Sangham v. K. Suresh Reddy
Substantive rights granted under relevant agricultural legislation cannot be challenged through procedural claims, especially after attaining finality through multiple Authorities.
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 Director of Survey and Settlement lacks jurisdiction to initiate suo moto proceedings under Section 5(2) for an appealable order, as per Section 12(2) of the Tamil Nadu Inam Estates Act.
The main legal point established in the judgment is the requirement to prove that the subject lands are ryoti lands and have vested with the Government under the Ryotwari Act, 1948, in order to obtai....
The court affirmed that the Limitation Act applies to proceedings under the Estates Abolition Act, allowing claims to be considered on merits despite procedural delays, emphasizing judicial discretio....
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.
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