An appeal is a creature of statute and cannot be entertained unless expressly provided. In the absence of a statutory right of appeal against orders passed under B.S.O. 34B(10) of the A.P. Board of Revenue Standing Orders, the Commissioner of Appeals lacks the jurisdiction to set aside such an order.

ORDER :

Ch. Manavendranath Roy, J.

1. This intra court appeal under Clause 15 of Letters Patent is preferred by the State against the order dated 17-10-2025 of the learned single Judge passed in W.P.No.38090 of 2022 whereby he has allowed the writ petition setting aside the order of the Commissioner of Appeals and confirming the order of the Joint Collector cum Settlement Officer, Vizianagaram, directing the Tahsildar, Vizianagaram, to carry out necessary changes in the Revenue records relating to the nature of the land covered by Old Survey No.74/4 and present R.S.No.180/1 in an extent of Ac.19.00 in Vizianagaram Bit-II.

2. Heard Sri D. Yathindra Dev, learned Special Government Pleader, attached to the office of learned Advocate General for the appellants/State and Sri K. Chidambaram, learned Senior Counsel, representing Sri Ravula Nagarjuna, learned counsel for the respondents 1 and 2/writ petitioners.

3. The dispute and controversy involved in this appeal essentially pertains to classification and nature of the land which is in an extent of Ac.19.00 covered by Old Survey No.74/4 and present Survey No.180/1 situate in Vizianagaram Bit-II in Vizianagaram Mandal.

4. Facts germane to adjudicate the lis in this appeal may briefly be delineated as follows:

(a) There is a vast extent of land covered by Old Survey No.74 situate in Vizianagaram Bit-II in Vizianagaram Mandal. The said land was sub divided into various Survey numbers. The subject land, which is in dispute in this appeal, is part of the said vast extent of land covered by Survey No.74. The subject land is in an extent of Ac.19.00 covered by Old Survey No.74/4 and present Survey No.180/1. According to the writ petitioners, who are the respondents herein, it was originally an inam dry land and it was classified in the pre-abolition records also as inam dry land. Subsequently, a ryotwari patta was issued in respect of the said land to the erstwhile owners of the said land in the year 1960. It is their case that their mother Smt. Puvvada Anjaneyulu purchased the said land, which is in an extent of Ac.19.00 covered by Old Survey No.74/4 and present Survey No.180/1 from a person, by name Sri Penmatsa Venkatapathi Raju and others under a registered sale deed bearing No.2486/1965 and her vendors also purchased the said land from the erstwhile owners of the said land in the year 1963 under two different registered sale deeds bearing Nos.942/1963 and 943/1963 from one Susarla Parthasaradhi, who purchased the said land from Sagi Narasimha Raju and others under registered sale deeds bearing Nos.54/1959 and 55/1959. According to the writ petitioners, even earlier also, the said land was subjected to sale as per registered sale deed bearing No.1276/1928. According to them, the said land has all along been subjected to various sale transactions from the year 1928 onwards till the mother of writ petitioners purchased the same in the year 1965 under the aforesaid registered sale deed showing the same as inam dry land in pre-abolition records and thereafter as ryotwari land.

(b) However, it is the grievance of the writ petitioners that the said land was erroneously recorded in the Settlement Fair Adangal (SFA)/Manual Diaglot Record (MDR) as Ralla Guttalu i.e. hill poramboke during survey and settlement operations conducted in the village after the advent of the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) Act, 1948 abruptly without conducting any proper enquiry and without giving any opportunity to the vendors of the mother of writ petitioners by name S