IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 9926 of 2002 Between: Adapa Satyanarayana, S/o.Kondala Rao, R/o.Addateegala (V) & (M), E.G.District. ..... PETITIONER AND 1 The Joint Collector, E.G.District at Kakinada. 2 The Project Officer, I.T.D.A., Rampechodavaram, E.G.District. 3 The Settlement Officer, Peddapuram, E.G.District. 4 The Mandal Revenue Officer, Addateegala, E.G.District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 1st respondent in A.P.No.8/2001 (S.A), dt:11.4.2002 communicated on 4.5.2002 cancelling the ryotwari patta granted in 24.1.2002 in respect of the land to an extendt of 1.66 and 2.80 hecrares in Sy.Nos:34/3 and 37/3 of Addateegala (V) & (M), E.G.District as illegal, arbitrary and unjust and consequently set aside the order of the Ist respondent in A.P.no.8/2002 (S.A.), dt:11.4.2002. Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 9926 of 2002 ORDER: Petitioner questions the order of the Joint Collector, East Godavari District-1st respondent, made in A.P.No.8 of 2001 (S.A.), dated 11-04-2002. The 2nd respondent ﬁled the said appeal under Section 4 read with Section 9 of A.P.Muttas (Abolition and Conversion into Ryotwari) Regulation, 1969, (for short “the Regulation 2 of 1969) against the order of the 3rd respondent in Case No.4181/73, dated 24-01-1975, in granting ryotwari patta in favour of the petitioner, along an application to condone the delay of more than 25 years. The appellate authority, on whose the powers of the Director of Settlements have been delegated to exercise power under Section 9 of the Act, condoned the delay in ﬁling the appeal, on the ground that the order of the 3rd respondent, dated 24- 01-1975, was not communicated to the appellant and it is in utter violation of Section 5(a) and (b) of the Regulation 2 of 1969. The order of the Settlement Oﬃcer, dated 24-01-1975, reads as follows:- “Having enquired into the case and after perusal of the relevant record and considering the evidence produced before me it is hereby ordered that Sri Adapa Satyanarayana, S/o.Kondala Rao @ Tata, Minor Guardian/father Kondalarao of Addateegala is entitled under Section 8 of the Andhra Pradesh Regulation 2/1969 for a Ryotwari Patta for the lands shown in the Schedule. S E A L Sd/- Special Oﬃcer (Settlement Officer) to Government Muttadars Abolition Peddapuram” A perusal of the said order goes to show that there was no enquiry as contemplated under Section 5(a) and (b) of the Regulation 2 of 1969. Learned counsel appearing for the petitioner submits that it is open for the aggrieved party to ﬁle an appeal against the order of the 3rd respondent within 60 days from the date of communication of the decision of the Settlement Oﬃcer, before the appellate authority i.e., Director of Settlements, whose powers have been delegated on the Joint Collector, and, therefore, the condonation of inordinate delay of about 25 years is illegal and contrary to Section 9 of the Regulation 2 of 1969. On the other hand, learned Government Pleader appearing for the respondents submits that under Section 4 (4) of the Regulation 2 of 1969, the Director of Settlements shall have power either suo motu or on an application, to cancel or revise any of the orders, decisions or proceedings of the Settlement Officer. It is stated that no limitation has been prescribed to exercise power by the appellate authority either to cancel or revise the order. It is stated that Section 9 applies enabling the aggrieved party, in whose favour ryotwari patta has been denied, to ﬁle an appeal within 60 days, but not by a party, who is not a party to the proceedings of the Settlement Officer. It is further stated that a Division Bench of this Court in W.A.No.1879 of 1988, dated 11-08-1989, held that the Settlement Oﬃcer did not even examine the conditions under Section 5 of the Regulation 2 of 1969 before granting patta to a non-tribal and the appellate authority has got suo motu power either to revise or cancel the proceedings of the Settlement Oﬃcer under Section 4(4) of the Regulation 2 of 1969 and, therefore, the delay in ﬁling the appeal or exercising suo motu power cannot be said to be illegal or arbitrary. Learned counsel appearing for the petitioner, placing reliance on various judgments of this court, stated that the delay ought not to have been condoned. But, however, submits that against the impugned order, an appeal lies before the Commissioner of Survey and Settlement and Land Records, A.P., Hyderabad. In view of the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, I am of the opinion that it is just and proper to permit the petitioner to avail the remedy of further appeal before the Commissioner of Survey and Settlement and Land Records, A.P., Hyderabad. Accordingly, the writ petition is disposed of with a liberty to the petitioner to ﬁle an appeal, against the order of the 1st respondent made in A.P.No.8/2001 (S.A.), dated 11-04-2002, before the Commissioner of Survey and Settlement and Land Records, A.P., Hyderabad, within two weeks from the date of receipt of a copy of this order. If any such appeal is ﬁled within two weeks from the date of receipt of a copy of this order, the Commissioner of Survey and Settlement and Land Records, A.P., Hyderabad, shall entertain the same and pass appropriate orders in accordance with law, after giving reasonable opportunity to all the concerned. There shall be no order as to costs. __________ 14-08-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}