APHC010208822011

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3328]

(Special Original Jurisdiction)

THURSDAY ,THE FIFTH DAY OF JUNE

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA

PRASAD

WRIT PETITION NO: 29039 OF 2011

Between:

1. THE STATE OF ANDHRA PRADESH,, REP. BY THE DISTRICT

COLLECTOR, CHITTOOR DISTRICT.

...PETITIONER

AND

1. THE COMMISSIONER OF APPEALS, O/O. THE CHIEF

COMMISSIONER OF LAND ADMINSITRATION, ANDHRA PRADESH,

HYDERABAD.

2. THE SPECIAL COMMISSIONER / DIRECTOR OF SETTLEMENTS,

ANDHRA PRADESH, HYDERABAD.

3. B SUBBAMMA DIED, W/O. LATE VEERAIAH HOUSEHOLD R/O.

SANJAY NAGAR LOCALITY OLD PALONCHA MANDAL, KHAMMAM

DISTRICT.

4. B JAYARAM, S/O. LATE B. SUBBAMMA RETIRED TELECOM

EMPLOYEE KOTHAPALEM VILLAGE, RENIGUNTA MANDAL,

CHITTOOR DISTRICT.

5. B SRINIVASULU, S/O. LATE B. SUBBAMMA KOTHAPALEM VILLAGE,

RENIGUNTA MANDAL, CHITTOOR DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. ADDL ADVOCATE GENERAL (AP)

Counsel for the Respondent(S):

1. V JAGAPATHI The Court made the following:

ORDER:

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^rdparties and pass such other order or orders as are deemed fit and proper in the circumstances of the 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