Andhra Pradesh High Court
Munganda Venkataratnam - Appellant
Versus
Joint Collector, west Godavari District - Respondent
Decided On : 08-29-05
Andhra Pradesh Assigned lands (Prohibition of Transfers) Act 9 of 1977 – Possession – Violation of conditions – Order of cancellation – Fraud – Undisputed facts in these petitions are, on a representation submitted to him alleging that his brother, a retired Tahsildar, had obtained benami pattas in names of his relatives in respect of Ac cents in various s. No. , and is enjoying said land, those pattas may be cancelled and land in his possession may be assigned to persons eligible for assignment, Collector, called for a report from Revenue divisional Officer, who in turn gave a direction to Mandal Revenue Officer to conduct an enquiry and submit a report – Aggrieved by said Order of Revenue divisional Officer, petitioners jointly preferred an appeal to first respondent, who while setting aside orders of revenue Divisional Officer cancelling pattas, on ground that suo motu powers to cancel a patta cannot be invoked by revenue Divisional Officer after a lapse of 12 years, directed second respondent to make discreet enquiry afresh and submit a status report of assigned land and assignees as on date, with all material evidence to him – Feeling aggrieved by the aforesaid direction of the first respondent, to second respondent to conduct discreet enquiry, these writ petitions are filed by appellants before first respondent – Held, Therefore, merely because a person could successfully shield fraud played by him in obtaining assignment of Government land for several years, he cannot be heard to say that in view of lapse of time assignment in his favour cannot be cancelled – When power is vested in an authority to do an act, and if that authority exercises that power erroneously due to fraud played on it, that authority has implied power to undo its earlier act, performed by it as a result of fraud played on it – First respondent without correctly appreciating law and facts seems to have erroneously set aside order cancelling assignments but since that part of order of first respondent, setting aside cancellation of assignments, became final, 1 do not wish to interfere with that part of order of first respondent – Writ Petition is Dismissed
( 2 ) THE undisputed facts in these petitions are, on a representation submitted to him by S. L. Satyanarayana of chintalapudi, alleging that his brother S. Tulasi Rao, (petitioner in W. P. No. 19907 of 2000), a retired Tahsildar, had obtained benami pattas in the names of his relatives in respect of Ac: 18-69 cents in various s. No. , at Chintalapudi and is enjoying the said land, those pattas may be cancelled and the land in his possession may be assigned to the persons eligible for assignment, the Collector, West Godavari district, called for a report from the Revenue divisional Officer, who in turn gave a direction to the Mandal Revenue Officer, chintalapudi (second respondent) to conduct an enquiry and submit a report. By his report dated 31. 3. 1998 second respondent reported that S. Tulasi Rao, while working in various capacities in the erstwhile chintalapudi Taluq, managed to obtain benami pattas in favour of Tumma venkataratnam (Petitioner in W. P. No. 19908 of 2000), Mukkamala Eswaramma (Petitioner in W. P. No. 19909 of 2000 is claiming to be a legatee of the land assigned to the said Eswaramma as per the will dated 27-10-1963 of Eswaramma), Sriramula satyanarayana (S. Tulasi Rao is claiming to be a legatee of the land under a will dated 9-9-1963) and Munganda venkataratnam (Petitioner in W. P. No. 19906 of 2000) in respect of Ac. 18. 69 cents of land, and is himself enjoying the said land, and that all the assignees in whose names those lands are assigned are neither residents nor natives of Chintalapudi village and so pattas issued in their names may be cancelled. Thereafter, the revenue Divisional officer, after conducting an enquiry, issued orders resuming the land assigned to the aforesaid assignees, and directed the second respondent to take possession of the land from S. Tulasi Rao, vide his Order D. Dis. No. 1263/98 dated 16. 12. 1998, on the ground that the assignees failed to produce evidence to show that they are cultivating the land, when in fact, it is S. Tulasi Rao that is enjoying the entire land, and since an assignee Sriramula satyanarayana is no other than the paternal uncle of Tumma Venkataratnam, the father-in-law of S. Tulasi Rao, and since the other assignee Mukkamala Eswaramma is no other than the aunt and the other assignee mungada Venkataratnam who is but a relative of the wife of S. Tulasi Rao. Aggrieved by the said Order of the Revenue divisional Officer, petitioners jointly preferred an appeal to the first respondent, who while setting aside the orders of the revenue Divisional Officer cancelling the pattas, on the ground that suo motu powers to cancel a patta cannot be invoked by the revenue Divisional Officer after a lapse of 12 years, directed the second respondent to make "discreet enquiry afresh and submit a status report of the assigned land and the assignees as on the date, with all material evidence to him". Feeling aggrieved by the aforesaid direction of the first respondent, to the second respondent to conduct discreet enquiry, these writ petitions are filed by the appellants before the first respondent.
( 3 ) THE main contention of the learned counsel for the petitioners is that since first respondent has no jurisdiction to entertain an application for
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.