THE HON'BLE MR JUSTICE V ESWARAIAH Writ Petition No.1037 of 2005 DT. 3.2.2011 Between: Pathuri Raghavulu and ors … Petitioner And The Commissioner and Director of Settlements, AP, Hyd and ors … Respondent Counsel for the Petitioner: Smt Kavitha Gottipati Counsel for respondents: G.P. for Revenue The Court made the following ORDER: THE HON’BLE SRI JUSTICE V ESWARAIAH WRIT PETITION NO. 1037 of 2005 ORDER : The present writ of certiorari is filed to quash the proceedings in R.P. No. 449/85-A2 dated 10.12.2004 allowing the revision and canceling the patta granted by the Settlement Officer. The petitioner herein was granted ryotwari patta under Section 11 (a) of the Estates Abolition Act in respect of schedule ‘A’ land by the Settlement Officer vide proceedings dated 29.9.1980. The first respondent /Commissioner and Director of Settlement in exercise of powers conferred under Section 5 (2) of the Estate Abolition Act, 1948 took up suo-moto revisional enquiry and by order dated 10.12.2004 cancelled the patta granted to the petitioner. The relevant portion of the revisional order dated 10.12.2004 reads as under; “Verified the Records. Perusal of lower Court record reveals that the patta was granted on the basis of registered settlement deed dated 16.6.1943 and some kist receipts pertaining to F.1350 (2 receipts) 1351, 1354, 1355, 1357 (7 kist receipts). These kist receipts do not contain the seal or stamp of the Estate but contain patta no as 205 and name of the payee as Smt Geddam Alivelu. The respondent has not filed any evidence to prove that the schedule lands are covered by this patta No. 205, Ex.P9 are the certified copies of cultivation accounts of the village for F.1375 to 1378, 1382 to 1384, 1385 which are no way help full to establish the title of the respondent prior to 1.7.1945. Ex.P10 is an endorsement issued by the O/o the Deputy Tahsildar, Ongole for non-issue of cultivation accounts for F.1379, 1380 and 1381 are also for post abolition period. The counters filed by the ErstwhileTahsildar, Ongole and the Mandal Revenue Officer, Tangutur before the lower court as well as in this Court clearly show that the Respondent encroached the land during the post abolition period. The counsel’s argument that this Court has no jurisdiction to conduct suo-moto enquiry will not hold good. The judgment of Hon’ble High Court referred by the counsel does not apply to this case because the Settlement Officer granted patta in the year 1980 and suo- moto enquiry was initiated with in a reasonable time i.e., in the year 1985. The respondent did not file any supporting documents like chittas, 10 (1) account, dittam etc, of Estate regime to prove his or his predecessors’ in title, lawful induction and occupation prior to 1.7.45. The lower Court without making any efforts to verify the pre- abolition record erroneously granted patta to the respondent. Hence, I set aside the order of the settlement officer, Nellore granted patta to the schedule lands. In the result suo-moto revision is allowed and the patta granted by the Settlement Officer is hereby cancelled.” Heard the learned counsel for petitioner and learned Government Pleader for Revenue and perused the material available on record, including the revisional order. Admittedly, as against the impugned order dated 10.12.2004, an alternative remedy of appeal is provided under Section 7-D of the Estates Abolition Act,1948 and without availing the said remedy of appeal, the present writ petition is filed, which is not maintainable. Hence, the writ petition is dismissed, granting liberty to the petitioner to file an appeal within a period of two weeks from the date of receipt of copy of this order. No costs. ______________ V. ESWARAIAH,J DATE: 3.2..2011 TVK THE HON’BLE SRI JUSTICE V ESWARAIAH WRIT PETITION NO. 1037 OF 2005 Date: 3.2.2011