IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.5864, 7718, 7719, 7720, 7721, 7722, 7723, 7724, 7735, 7736 and 7737 of 2008 WRIT PETITION No.5864 of 2008 Between: Bommareddy Chandra Sekhara Reddy S/o.Rami Reddy R/o.Bhogole village Longapalem Mandal West Godavari District ..... PETITIONER AND 1 The Commissioner, Appeals, The Chief Commissioner of Land Administration, Andhra pradesh,Nampally,Hyderabad 2 The Director of Settlements, Survey Bhavan, D.No.3-5/1088 and 1089 Narayanaguda Hyderabad 3 The Settlement officer cum Joint Collector Eluru, West Godavari District 4 The Mandal REvenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer, Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/719/1998 datd 16.10.03 and quash the same with a consequent direction of resotring the order dated 12.5.1967 passed by the Asst.Settlement officer, Eluru, West Godavari District in SR.11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass WRIT PETITION NO : 7718 of 2008 Between: SriKotineni Venkatabrahma Rao S/o.Venkata Gopalanarasimha Rao Pothuluru village, Chitalapudi Mandal,West Godavari District ..... PETITIONER AND 1 The Commissioner, Appeals, the Chief Commissioner of Land Administration, Andhra pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/746/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pas WRIT PETITION NO : 7719 of 2008 Between: Damera Subba Rao S/o Pullaiah R/o. Bhogole Village,Longapalem Mandal, West Godavari District ..... PETITIONER AND 1 The Commissioner, Appeals, the Chief Commissioner of Land Administration, Andhra pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/720/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass such other order or orders. WRIT PETITION NO : 7720 of 2008 Between: Smt. Ktikineni Mangathayaramma, Hindu, Chintalapudi Village & Mandal,West Godavari District ..... PETITIONER AND 1 The Commissioner, Appeals, The Chief Commissioner of Land Administration, Andhra Pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/727/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pas WRIT PETITION NO : 7721 of 2008 Between: 1 Eluru Pasdmavathi D/o. Subbamma (Died) 2 Inuganti Venkata Satya Pwrasad S/o. Late E. Padmavathi, Hindu W.G. District. 3 Inuganti Krishna Rao S/o. Late E. Padmavathi, Hindu W.G. District. ..... PETITIONER(S) AND 1 The Commissioner, Appeals, The Chief Commissioner of Land Administration, Andhra Pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/721/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass WRIT PETITION NO : 7722 of 2008 Between: 1 Damera Rama Rao, (Died), R/o. Viruvuru (V&M), Krishna District. 2 Damera Prabhakar Rao, S/o. Late Rama Rao, R/o. Viruvuru (V&M), Krishna District. ..... PETITIONERS AND 1 The Commissioner, Appeals, The Chief Commissioner of Land Administration, Andhra pradesh, Nampally, Hyderabad. 2 The Director of Settlements, Survey Bhavan, D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement Officer-cum-Joint Collector, Eluru, West Godavari District. 4 The Mandal Revenue officer, Lingapalem Mandal, West Godavari District. 5 The Divisonal Forest Officer, Eluru West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of "writ of Certiorari" calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/722/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement Officer, Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass WRIT PETITION NO : 7723 of 2008 Between: Sri P.Bhushan Kumar, Hindu, R/o. Bhogole Village,Longapalem Mandal, West Godavari District ..... PETITIONER AND 1 The Commissioner, Appeals, the Chief Commissioner of Land Administration, Andhra pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/725/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass such other order or orders. WRIT PETITION NO : 7724 of 2008 Between: 1 Raji venkayya (died) 2 R.s.r.K. Vara Prasada Rao S/o Late Venkayya R/o # 24A/10/6/6, Ashok Naa, Near MRC. Women's Hostel Eluru, West Godavari District. ..... PETITIONER(S) AND 1 The Commissioner, Appeals, the Chief Commissioner of Land Administration, Andhra pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/726/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass such other order or orders. WRIT PETITION NO : 7735 of 2008 Between: Gudla Nookaratnam, W/o. Appala reddy,Hindu, Bhogolu Village Lingapalem Mandal, West Godavari District ..... PETITIONER AND 1 The Commissioner, Appeals, the Chief Commissioner of Land Administration, Andhra pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/729/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass such other order or orders. WRIT PETITION NO : 7736 of 2008 Between: 1 Meka Rajyalakshmi Tayaramma (Died), 2 Meka Simhadri Appa Rao, S/o. Late Meka Rajyalakshmi Tayaramma, R/o. Nuzvidu, Krishna District. ..... PETITIONERS AND 1 The Commissioner, Appeals, The Chief Commissioner of Land Administration, Andhra pradesh, Nampally, Hyderabad. 2 The Director of Settlements, Survey Bhavan, D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement Officer-cum-Joint Collector, Eluru, West Godavari District. 4 The Mandal Revenue officer, Lingapalem Mandal, West Godavari District. 5 The Divisonal Forest Officer, Eluru West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of "writ of Certiorari" calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/747/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement Officer, Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass WRIT PETITION NO : 7737 of 2008 Between: 1 Raji Venkayya (Died) 2 R.S.R.K.Vara Prasada Rao S/o.Late Venkayya R/o. # 24 A/10/6/6, Ashok Nagar, Near M.R.C. Women's Hostel, Eluru, West Godavari District. ..... PETITIONER(S) AND 1 The Commissioner, Appeals, the Chief Commissioner of Land Administration, Andhra pradesh, Nampally Hyderabad 2 The Director of Settlements, Survey Bhavan D.No.3-5/1088 and 1089, Narayanaguda, Hyderabad 3 The Settlement officer-cum-Joint Collector, Eluru, West Godavari District 4 The Mandal Revenue officer, Lingapalem Mandal West Godavari District 5 The Divisonal Forest officer,Eluru West Godavari District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction particularly one in the nature of writ of Certiorari calling for the records leading up to and inclusive of the order of the 1st respondent passed in his proceedings bearing Nos.P2/730/1998 dated 16.10.2003 and quash the same with a consequent direction of restoring the order dated 12.5.1967 passed by the Asst.Settlement officer,Eluru, West Godavari District in SR 11(a) Nos.8 to 21 and 24 to 27 /1967 granting Ryotwari patta to the petitioner herein to the schedule land and pass such other order or orders. Counsel for the Petitioners: SRI SIVALENKA RAMACHANDRA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.5864, 7718, 7719, 7720, 7721, 7722, 7723, 7724, 7735, 7736 and 7737 of 2008 COMMON ORDER: These writ petitions are filed challenging the common order of the first respondent dated 16.10.2003 in revision petition Nos.P2/719/1998 and batch. By the said common order the first respondent rejected the revision petitions of the petitioners confirming the orders of the second respondent in R.P.Nos.23/82(B1) etc., dated 23.10.1997, who in turn confirmed the orders of the Settlement Officer (SO) rejecting the claims of the petitioners for grant of patta in favour of the petitioners in all these cases under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (the Act, for brevity). The case of the petitioners in brief is as follows. Bhogolu Village in Chintalapudi Taluk of West Godavari District was an estate Village. By a notification, dated 07.09.1950, the Government took over the estate under the Act. The petitioners and six others filed applications under Section 11(a) of the Act before the Assistant Settlement Officer, Eluru (ASO), for grant of ryotwari pattas. They claim that they were inducted into possession of the land comprised in R.S.No.537 (old survey No.1703/825) by the landholder in 1936, and therefore, they are entitled for ryotwari pattas. ASO passed orders on 12.05.1967 allowing the claims. In 1968 SO, Visakhapatnam, suo motu took up revision petitions against the orders of ASO. These revisions, being R.P.Nos.73/1967 and 8 to 24/1968, ended against the petitioners. Their claims were rejected and ryotwari pattas were cancelled. Against the orders of the SO, dated 20.02.1968, the petitioners preferred revisions before the Director of Settlements, being R.P.Nos.88/68 to 104/68 and 133/68. They were dismissed on 31.05.1968. However, Board of Revenue, which was approached by the petitioners under Section 7(d) of the Act, by order dated 04.04.1969, allowed and remanded all the revisions to the SO. After remand, the SO (third respondent herein) examined the claims and passed orders on 30.06.1978 rejecting the claims for pattas. The petitioners again preferred revisions under Section 5(2) of the Act. These revisions, being R.P.No.450 of 1978 and batch, were dismissed on 15.10.1979. The petitioners again filed revision petitions, which were allowed, and the matter was again remitted to the second respondent on 27.03.1982. By an order dated 23.10.1997 the second respondent dismissed the revisions, aggrieved by which, the petitioners filed revisions under Section 7(d) of the Act, and as noticed supra, first respondent confirmed the orders of the second respondent. Learned Counsel for the petitioners submits that the petitioners raised a number of grounds in their revision petitions, but the first respondent passed orders without considering the grounds, and therefore, there was improper exercise of powers under Section 7(d) of the Act. Secondly, he submits that the impugned order is a non- speaking order, and therefore, the same is unsustainable. Lastly, he submits that though initially the ASO considered various aspects of the matter and passed orders in favour of the petitioners, the second respondent or the first respondent failed to consider the said order, and therefore, the orders are illegal. Per contra, the learned Assistant Government Pleader submits that when the land is included in the reserve forest area, pattas cannot be granted to a person claiming the land under the Act. According to the learned Assistant Government Pleader, petitioners ought to have approached the Forest Settlement Officer for excluding the lands allegedly in their possession from reserve forest. By operation of Section 3 on coming into force of the Act, the entire estate including communal lands, porambokes, other non-ryoti lands, waste lands, pasture lands, lanka lands, forests mines and minerals etc., shall vest in the Government and shall stand transferred to the Government. Under proviso to Section 3 of the Act, however, a person who has right or a person, who is landholder, is entitled to patta. The grant of patta in respect of the lands or categories of lands enumerated in Section 3(b) of the Act is prohibited (see P.Neelakanteswararaju v J.Mangamma[1]). Therefore, if the land in R.S.No.537 is notified as a reserve forest, the petitioners would not be entitled to claim ryotwari pattas under the Act. The legal position is not disputed. After the matter was remanded to him, the Settlement Officer – cum - Joint Collector considered the question in the light of the evidence adduced before him (oral evidence of P.W.1, who is petitioner in W.P.No.5864 of 2008, and oral evidence of C.W.1, Head Karnam, Bhogolu). He also considered Exs.P1 to P12. In Ex.P9 and P12 the land was described as “Adivipodu” (forest area). Though the petitioners filed rent receipts Exs.P2 to P7, there were no corresponding entries in the relevant estate accounts. Furthermore, third respondent referred to the notification published in West Godavari District Gazette dated 06.07.1953 declaring the land in R.S.No.537 of Bhogolu as reserve forest area, which is protected by Forest Department, and recorded finding that the petitioners were not in possession and enjoyment of the land. There was no evidence to establish their possession. When the matter was taken to the second respondent, he again considered the matter and noticed that the entire extent of land admeasuring Acs.1432.50 in survey No.537/5 was notified as forest area, and that the petitioners’ claims cannot be considered. Second respondent also referred to Section 3(16)(b) of the Estate Lands Act, 1908, and came to the conclusion that forest land is a non-ryoti communal land and pattas cannot be granted under the Act. Finally, revisional authority, namely, first respondent, considered the material and dismissed the revisions of the petitioners observing as under. Heard the arguments, considered them and perused the records. A perusal of the lower Court records shows that the Settlement Officer, Eluru, had rejected the claims of the revision petitioners herein on the ground that the schedule land is ryoti in nature and that the lands are included in the Forest notification in the year 1953 and there was no mention in the Permanent ‘A’ Register of the village and therefore the Settlement Officer rejected the claims of the petitioners herein. Against the orders passed by the Settlement Officer, Eluru, in SR Nos.11(a)/8/67 to 11(a)/21/67 dt.12.5.1967 and that against the orders passed by the Settlement Officer, the Revisions were filed before the Director of Settlements and that after hearing of the cases on merits, the Director of Settlements in RP Nos.23/82(B1) etc, dt.23.10.1997 rejected all these Revisions and against the orders passed by the Director of Settlements on 23.10.1997 the present Revisions were filed. The lower Court records are verified and found that the schedule land is non ryoti in nature and classified as “Forest Poramboke” during the pre-abolition period and that this forest block was included in the Forest notification under Section 26 of Madras Forest Act, 1952, and that the schedule land has been in possession and enjoyment of the Forest Department from 1.12.1952 onwards. The revision petitioners have not filed any additional documentary evidence before this Court to interfere with the orders passed by the lower Courts. The Revisions are dismissed accordingly. After perusing the order of the first respondent, this Court is not inclined to countenance the submission of the petitioners that it is non- speaking order. Revisions were dismissed on two grounds. That the petitioners failed to prove their possession and enjoyment of the land and that the land is classified as reserve forest under Section 26 of the Madras Forest Act, 1952. In an enquiry for grant of ryotwari patta under the Act what is relevant is the factum of the claimant being in possession as on the date of coming into force of the Act/or as on the date of issue of notification by the Government taking over the estate. It is also relevant in the enquiry for grant of patta as to whether the land for which a ryotwari patta is claimed is one of the categories of lands as enumerated in Section 3(b) of the Act. These two relevant questions were considered by the first respondent in the light of the orders passed by the lower authorities. Be it noted, a speaking order need not be lengthy nor repetitive. Even if decision maker has adverted to relevant grounds, and recorded finding, it would be a speaking order. The submission of the learned Counsel for the petitioner that the authorities ignored the order passed by ASO, Eluru, on 12.05.1967 is misconception. When an original authority’s order is set aside, it merges into the order of the appellate/revisional authority. Original order is non-existent in the eye of law. In the subsequent proceedings in a Court of law, the aggrieved person cannot rely on the order of the original authority, which merged in the order of the appellate/revisional authority even if it is a case of dismissal or allowing the appeal/revision (see Kunhayammed v State of Kerala[2] and S.Shanmugavel Nadar v State of T.R.[3]). The Writ Petitions are devoid of any merits and are accordingly dismissed. No costs. ____________ (V.V.S.RAO, J) 25.11.2008 vs To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} [1] AIR 1970 AP 1 (FB) [2] AIR 2000 SC 2587 = (2000) 6 SCC 359 [3] AIR 2002 SC 3484 = (2002) 8 SCC 361