ORDER:

This writ petition is filed seeking to declare the action of the Government in directing the transfer of appeal petition pending before the Director of Settlements including A.P.No.3/2006/C2 on the file of the Director of Settlements to the respondent No.3 for necessary disposal in the light of the delegation of appellate powers and functions of the Director of Settlements to the respondent No.3-Project Officer ITDA, Bhadrachalam, and the inaction on the part of the respondent Nos.2 and 3 in not disposing of the petitioner’s appeal in A.P.No.3/2006C2 for all these years as illegal, without jurisdiction or authority and unconstitutional and consequently to direct the transfer of appeal of the petitioner in A.P.No.3/2006/C2 to the respondent No.2 for necessary disposal in accordance with law in the light of the provisions contained in regulation 2/70.

2. Heard Sri P.V. Mahesh, learned counsel for the petitioner; and learned Government Pleader for Revenue, and learned Government Pleader for Social Welfare.

3. Brief facts of the case as per the writ affidavit are that the petitioner is a third-party before respondent No.4-Settlement Officer, Bhadrachalam in Case No.7261. She got Ac.2-00 guntas of land by virtue of a registered Will Deed dated 28.05.1993 in Document No.25/93 executed by Smt. Kondaveeti Lurthamma w/o late Lurthaiah. This land was out of RS No.165/1 of Bhadrachalam village. The total extent of RS No.165/1 has been 4.08 hectares, equivalent to Ac.10-20 cents. The land originally belonged to Pandavula Chinni and his wife Rangamma, and the land was covered by a registered Sale Deed dated 20.12.1946 in favour of Gorakapudi Rangamma, and Gorakapudi Rangamma sold in favour of Duppati Nayudayya under registered Sale Deed dated 25.06.1947, and Duppati Nayudayya sold the property in favour of Kondaveeti Chinnaiah under an unregistered Sale Deed dated 05.10.1950. The registration of the said unregistered Sale Deed dated 05.10.1950 could not be completed by the Sub-Registrar, Bhadrachalam on the ground that there was a deficit Stamp Duty of Rs.12.00 and the requirement of payment of penalty of Rs.5.00 was not paid by the petitioner, and though the deficit was subsequently paid later, however, as the executants of the sale deed could not present himself in the Office of Registrar, the sale deed could not be registered. However, the possession of subject land was delivered to the petitioner on 05.10.1950 itself and thus the petitioner has been in possession since 05.10.1950. Thus, Kondaveeti Chinnaiah has been in possession of the land since 05.10.1950. Thereafter, Smt. Lurthamma who happened to be the second daughter-in-law of Kondaveeti Chinnaiah succeeded to the said land. Out of the said land, Smt. Lurthamma bequeathed Ac.2-00 guntas by way of a registered Will Deed dated 28.05.1993 under Document No.25/93. After the death of Smt. Lurthamma on 05.10.2003, the petitioner succeeded to the said property of Ac.2-00 guntas under registered Will Deed dated 28.05.1993. The legal heirs of Kondaveeti Chinnaiah honoured the registered Will as such it is not prohibited under Regulation 1 of 1959 as amended by Regulation 1 of 1970. Thereafter partition between coparceners relinquished and succession in this regard is exempted and such succession is not covered by any prohibition contemplated under Regulation 1/59 as amended by Regulation 1/70. Thus the petitioner’s possession by virtue of succession covered by registered Sale Deed is lawful and her possession is not opposed by any other provisions contained in Regulation 1/59, and the petitioner is in possession of the land and the said land is situated on South-Eastern side to the land in Survey No.165/1 of Bhadrachalam village. While so, the Settlement operations took place in respect of the land situated in Bhadrachalam village in the light of the provisions contained in Regulation 2/70, and the then Sub-Collector, Bhadrachalam has acted and discharged the functions of Settlemen