ORDER :

SUMATHI JAGADAM, J.

The controversy in the present writ petitions centers around the validity of the order passed by the Government under the proviso to Section 11 of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 (for short "the Estates Abolition Act"). In deciding the said controversy, this Court is required to examine the extent of the Government‘s jurisdiction under the Estates Abolition Act, the effect of the earlier proceedings and the directions issued by this Court, the objection as to limitation, the nature and classification of the subject land, the evidentiary value of the revenue records relied upon by the parties, and ultimately whether the impugned order warrants interference in exercise of certiorari jurisdiction under Article 226 of the Constitution of India.

2. Both the writ petitions are filed challenging one and same order passed by the Special Chief Secretary, Revenue (EA & AR) Department, Government of Andhra Pradesh (Hereinafter refer to as "the Revisional Authority"), in Revision Petition No.54629/EA & AR/2006, dated 21.12.2017, which is preferred against the order of the District Collector, Visakhapatnam, in S.R.No.11 (Pro) 1 to 28/05 Rc.No.7780/95 F-2 dated 12.01.2006, made under Section 11(pro) of the Estates Abolition Act, pertaining to Survey Nos. 32/4, 35/1, 35/2, 35/3, and 35/4, covering an area of Acs.11.15 cents in Mudasarlova Village, Visakhapatnam Rural Mandal, Visakhapatnam District. Hence, they are heard together and being disposed of by this common order.

3. W.P.No.5306 of 2018 is filed by Greater Visakhapatnam Municipal Corporation (GVMC) while W.P.No.11889 of 2018 is filed by the District Collector, Visakhapatnam, the Joint Collector-cum- Settlement Officer, Visakhapatnam District, and the Tahsildar, Visakhapatnam Rural Mandal.

4. The dispute arises under the Estates Abolition Act and involves the grant of ryotwari patta to the unofficial respondents.

5. SUBMISSIONS OF THE WRIT PETITIONERS

(a). Mudasarlova Village is one of the villages in the erstwhile Vizianagaram Estate, which was abolished following the enactment of the Estates Abolition Act. Settlement rates and records were introduced in the village with effect from 01.07.1959. Originally, Mudasarlova Village consisted of only 27 survey numbers.

(b). Survey Nos. 28 to 71 were newly created by delineating land from R.S.No. 26 and assigned to tribal families as well as certain non-tribal families within Darapalem H/o Mudasarlova Revenue Village. The D-form pattas issued in the year 1977 to both tribal and non-tribal beneficiaries have been duly regularized.

(c). The Mandal Revenue Officer, Visakhapatnam Rural Mandal, by Rc. No. 1095/92/HA dated 27-12-1993, revoked the prior assignment granted to the claimants due to gross violations of the assignment conditions. Subsequently, the lands were officially resumed by the Government and allocated to the Greater Visakhapatnam Municipal Corporation for the development of water works, a botanical garden and a green belt, as per Proc.Ac.No.881/93/A10 dated 23-01-1994 of the District Collector, Visakhapatnam.

(d). Aggrieved by the cancellation of D-Form Pattas, the assignees filed W.P. No.11747/1994, which was disposed of on 30.06.1994, directing the Appellate Authority, i.e., the Revenue Divisional Officer, Visakhapatnam, to pass orders on the appeal.

(e). The claim petitions vide I.A.Nos.2/95 to 29/95, filed by the predecessors of unofficial respondents (Jalumuri Appanna and 27 others) seeking the grant of Ryotwari Patta u/s. 11(a) of the Estates Abolition Act were dismissed by the Settlement Officer, Visakhapatnam, on 25.03.1995 on the ground of limitation.

(f). Being aggrieved by the orders, Jalumuri Appanna and others filed a Revision Petition before the Director of Settlements, Andhra Pradesh, which was dismissed on 04.04.1996, thereby confirming the orders of the Settlement Officer.

(g). Challenging this, they filed a further revision before the Comm