High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE GOVINDASAMY
K. Vaidyanatha Sastri
Versus
The Assistant Settlement Officer, Branch Settlement Office, Pudukkottai & Others
Writ Petition No. 1070 of 1984
Decided On :Decided On : 28-01-1992
LAND REVENUE - SETTLEMENT - DURBAR RECORDS - CLASSIFICATION OF LANDS AS NATHAM PORAM BOKE AND CATTLES TAND - PETITIONER'S CLAIM FOR RYOTWARI PATTA - REJECTION - WRIT PETITION - QUASHING OF IMPUGNED ORDER - REMISSION OF MATTER TO APPELLATE AUTHORITY FOR FRESH CONSIDERATION - DIRECTION.
Fact of the Case:
Petitioner sought a writ of certiorari to quash the order of the revisional authority rejecting his revision petition against the order of the Assistant Settlement Officer, who had rejected his claim for ryotwari patta for certain lands on the ground that he had no locus standi over the suit land.
Finding of the Court:
The court found that the petitioner was not aware of the Ex. Durbar records classifying the lands comprised in Survey Nos. 259 and 262 as Natham Poramboke and that the impugned proceedings were liable to be quashed.
Issues: 1. Whether the petitioner had locus standi over the suit land. 2. Whether the impugned order was passed without providing adequate opportunity to the petitioner to put forth his claim.
Ratio Decidendi: The court held that the petitioner was not aware of the Ex. Durbar records on the basis of which the original authority had decided the matter and that the impugned proceedings were liable to be quashed. The court further held that the matter should be remitted back to the appellate authority to consider the matter on appreciation of entire evidence on record by providing adequate opportunity to the petitioner being heard and decide the matter on merit.
Final Decision: The court allowed the writ petition, quashed the impugned order, and remitted the matter back to the appellate authority for fresh consideration.
1. This court by order dated 22-1-1973 in W.P. No. 891 of 1971 directed that the Assistant Settlement Officer concerned shall take up the subject matter on file and deal with it in the light of the observations and directions contained in the said order. In pursuance of the abovesaid order of this Court, the Assistant Settlement Officer in his proceedings dated 19-6-1975 in S.R. 1/G.R Revision/73 remanded by High Court observed as follows:
“A careful scrutiny of Ex. Durbar records reveals that a number of sites in T.S. No. 273 have been assigned during the period in and around 1939. The petitioner has got the release deed in his favour only in the year 1956. Further during the Durbar Settlement in 1912 the suit lands have been registered as Natham Poramboke and grazing ground. Against the treatment of it either his predecessor or any other person has not contested. It clearly proves that his predecessor has not got any title over the suit properties during the time of Durbar till to the execution of release deed in favour of the petitioner. On the same point of view the claim of the petitioner that the suit land are all his private property and he is in possession of them, is not at all acceptable. Hence the petitioner has no locus standi over the suit land.
In the circumstances, I hold that Thiru Vaidyanatha Sastri is not entitled to get ryotwari patta for T.S. Nos. 259, 262 and 273 and order its registry as Natham Poramboke. The orders of cancelling the patta for T.S. Nos. 259 and 262 in S.R. 1 and 4/G.R. Revision/69 and the existing registry in respect of T.S. No. 273 will stand.”
Aggrieved by the said order, the petitioner preferred an appeal before the Director of Survey and Settlements, Madras who in his proceedings in D.Dis. F-1/30754/1976 dated 14-2-77 rejected the appeal on the ground that the appeal was not filed within 30 days from the date of receipt of the order from the Settlement Officer. Against the said order, the petitioner filed a revision petition before the Revisional Authority, namely, Board of Revenue (Settlement of Estates), Madras-5 who in its proceedings B.P. Rt. 81(SE) dated 6-3-79 rejected the revision petition. While rejecting the said revision petition, the revisional authority observed that there is no provision empowering the Board of Revenue to condone the delay that has occurred before the lower authorities and in view of the said fact, the revision petition is liable for rejection summarily as not maintainable and further observed that it was found from the records that both the Assistant Settlement Officer, Pudukkottai and Settlement Officer Thanjavur had considered the claims of the revision petitioner with reference to the documents filed by him, that the petitioner had no rebuttable evidence on record to disprove the registry of the lands as Natham Poramboke and cattlestand respectively in ex. Durbar accounts as early as 1912 and that the Tahsildar and the Commissioner of Pudukkottai Municipality had also objected to the claim of the revision petitioner besides some of the assignees in the said claim. Aggrieved by the said order, the petitioner has filed the above writ petition for issue or a writ of certiorari for quashing the order of the revisional authority. 2. Mr. R. Rammohan, learned counsel for the petitioner represented that in pursuance of G.O.Ms. No. 2254 (Revenue) dated 22-5-1962, the petitioner was granted regular patta in respect of the land comprised in Survey Nos. 259 and 262 and that he applied for rough patta in respect of the land comprised in Survey No. 273. While considering the claim of the petitioner in so far as his request for grant of rough patta in respect of land comprised in Survey No. 273 is concerned, the authorities considered the grant of patta for the lands including the lands comprised in Survey Nos. 259 and 262 in respect of which regular patta had been granted in favour of the petitioner and as such, the consideration is not in accordance with t
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