IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 6775 of 1998 Between: 1 M.Samson S/o.Late M.Tirupalu R/o. 10-15-45F/2 Shanthinagar, Kavali, Nellore District. 2 M.Apandarao S/o.Late M.Tirupalu R/o. 10-15-45F/2 Shanthinagar, Kavali, Nellore District. 3 M.Marthamma W/o. late M.Tirupalu, R/o. 10-15-45F/2 Shanthinagar, Kavali, Nellore District. ..... PETITIONER(S) AND 1Commissioner of Survey Settlement & Land Records, A.P. at Hyderabad, 2Revenue Divisional Officer, Kavali, Nellore District. 3Special Deputy Tahsildar (Inams) Nellore 4Bapatla Balaramaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 5Bapatla Ramaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 6Manikala Kondaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 7Potluru Ramanaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 8Tiruveedhi Subbaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 9Ponga Kalagaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 10Pedamalli Kotaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 11Chilaka Malakondaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 12Komara Malakondaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 13Tallapallem Malayadri Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 14Devi Tirupalu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 15Surabhi Ankaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 16Surabi Pitchaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 17Surabhi Subbaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 18Surabhi Venkateswarlu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 19Surabhi Venkateswarlu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 20Surabhi Podaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 21Bheemavarapu Papaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 22Bheemvarapu Lakshmaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 23Patan Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 24Patan Khader Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 25Patan Khader Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 26Patan China Khader Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 27Patan China Khader Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 28Patan Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 29Patan China Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 30Patan Khader Sab Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 31Patan Mastan Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 32Patan Kamal Sab Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 33Patan Kamal Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 34Shaik Gidde Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 35Shaik Khader Basha Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 36Bheemavarapu Babu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 37Bheemavarapu Sankaraiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 38Kancherla Peda Venkataswami Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 39Kancherla China Venkataswami Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 40Shaik Rasool Basha Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 41Patan Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 42Shaik Bibi Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 43Shaik Peda Khader Seb. Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 44Shaik Khasim Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 45Shaik Peda Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 46Shaik China Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 47Shaik Mudo Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 48Shaik Mahaboob Basha Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 49Patan China Mastansaheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 50Bagole Tirupalu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 51Kavati Narasaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 52Kaveti Venkataramanaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 53Pasupuleti Seshamma Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 54Pattem Penchalaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 55Kota Krishnareddy Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 56Kota Venkateswarlu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 57Devandla Nambaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 58Chereddy Seshamma Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 59Katem Venkareddy Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 60Devineni Venkatasubbaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 61Munagala Malakondareddy Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 62Kunchala Kumar Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 63Avula Venkateswarlu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 64Shaik Pedaw Kamal Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 65Shaik China Kamal Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 66Shaik Peda Kamal Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 67Shaik Rajasaheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 68Shai Rasool Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 69Patan Bude Saheb Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 70Shaik Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 71Patan Masthan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 72Patan Khader Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 73Patan Peda Khader Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 74Patan China Khader Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 75Shaik Ghouse bi Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 76Patan Rasool Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 77Patan Mastan Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 78Chilaka Kondamma Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 79Parusurru Malayadri Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 80P.Peda Kondamma Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 81Kudumula Moseby Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 82Talluri Mathamma Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 83Bogole Devadanam Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 84Valyapuri Rajaratnam Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 85Talluri Venkataravenaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 86Velvapoor Manoharam Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 87Talluri Sajanamma Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 88Malangi Yebu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 89Kesavarapu Lakshmaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 90Kudumula Kondaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 91Kudumula Varaprasadarao Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 92Kesavarapu Chinnaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 93Kudumula Venkaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 94Malangi Chinnaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 95Parsipogu Anandharao Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 96Malangi Tirupalu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 97Kesavarapu Pitchaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 98Kesavarapu Pitchaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 99Melangi Sundaraiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 100Talluri Polamma Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 101Malangi Samuyelu Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 102P.Manoharam Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 103Talluri Prakasam Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 104Talluri Lakshmaiah Chintalagirivari Kandrika, Bagole Mandal, Nellore District. 105Talluri Govindemma Chintalagirivari Kandrika, Bagole Mandal, Nellore 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 will be pleased to to issue an appropriate writ, order or direction particularly a Writ in the nature of Mandamus, declaring the order dated:8.1.1997 of the 1st respondent passed in his proceedings NO.V1/1172/91 as being illegal, arbitrary, without jurisdiction and against to all cannons of law and justice and consequently set aside the same, and pass Counsel for the Petitioner:MR.S.ASHOK ANAND KUMAR Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : ORAL ORDER: Heard Sri Ashok Anand Kumar, learned counsel for the petitioners, the learned Government Pleader for Revenue for respondents 1 to 3 and Sri P.Venkateshwarlu, learned counsel for respondents 4 to 105. The petitioners assail the order of the 1st respondent dated 8-1- 1997 bearing reference No. V1/1172/91, on a revision preferred by respondents 4 to 105 under Section 14-A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1955 (for short ‘the Act’). The unofficial respondents preferred the revision against the order of the 1st respondent dated 12-6-1991 dismissing the appeal preferred by these respondents against the order dated 15-4-1987 confirming grant of a Ryotwari patta in favour of the petitioners in respect of Ac.60-00 in Sy.No.333/3 of Chinthalagirivari Kandriga of Kavali taluq, Nellore District. According to the petitioners, in 1932 their grand father one Sri China Kondaiah had taken the property in question on lease from the pattadar Sri Cheturvedula Ramachandraiah and continued in possession till the death of Sri China Kondaiah. On 6-6-1932 and 12-7-1933, after the death of Chinna Kondaiah, the petitioners father Tirupalu is said to have paid Cist for the land and obtained receipt for such payment from the then Village Officer. On 10-2-1960 the grand father is said to have purchased the right, title and interest over the property on a consideration of Rs.500/- from Cheturvedula Ramachandraiah under an agreement of sale and in 1984 the father of the petitioners Tirupalu applied to the Inams Deputy Tahsildar for grant of a Ryotwari patta in respect of the property. The petitioners further plead that on 2-7-1984 the said application was received by the Inams Deputy Tahsildar who issued notice on 4-7-1984 and eventually granted patta in 1984 to the petitioners father Tirupalu. The petitioners also claim that Ryotwari patta was implemented on 5-10- 1984. On the basis of an observation of the 2nd respondent in 1985 that the land being a grazing poramboke, no Ryotwari patta could have been granted in favour of Tirupalu, on 2-2-1985 the State Government through a Memo called for remarks from the 2nd respondent pursuant to representations from the Villagers, seeking the views of the 2nd respondent on the plea for cancellation of patta granted in favour of Tirupalu. In February, 1985 the 2nd respondent took up suo motu enquiry and eventually directed cancellation of the patta. After the cancellation, on 30-6-1985 Ek sal lease was granted to 43 persons including the unofficial respondents. On 28-3-1986 the 1st respondent having entertained a revision preferred by the petitioners against the order of the 2nd respondent dated 16-2-1985 (cancelling the patta), allowed the revision, set aside the order of the 2nd respondent and remanded the matter to the 3rd respondent for a de novo enquiry in respect of the petitioners claim for grant of Ryotwari patta. Eventually, on 17-4-1987 the 3rd respondent confirmed the grant of patta, earlier granted, to Tirupalu. The Inamdars preferred an appeal to the 2nd respondent against the order dated 17-4-1987 of the 3rd respondent, which was dismissed on 12- 5-1991 by the 2nd respondent. Another individual Sri Shanker Reddy also appears to have preferred an appeal to the 2nd respondent against the order of the 3rd respondent dated 17-4-1987, which was dismissed by the 2nd respondent on 10-6-1991. The unofficial respondents herein also preferred an appeal to the 2nd respondent against the order of the 3rd respondent dated 17-4-1987 impeaching reiteration of grant of patta in favour of the petitioners, claiming that eversince the grant of Ek sal lease in the year 1985 they were continuing in possession and were entitled to grant of patta since the land had vested in the State under Section 2-A of the Act and that in the circumstances, no Ryotwari patta could have been granted in favour of the petitioners. The 2nd respondent by the order dated 12-6- 1991 rejected the appeal preferred by the respondents 4 to 105 herein. Aggrieved thereby these respondents preferred a revision to the 1st respondent. The 1st respondent by the order impugned herein held that neither the petitioners nor their predecessors were entitled for grant of patta. Inter alia, the 1st respondent relied upon an order dated 18-6-1985 passed by the 3rd respondent herein bearing reference Rc.No.1387/85 under which the land in question was purportedly declared as vested in the State under the provisions of Section 2-A of the Act. The 1st respondent also concluded that the records reveal that no appeal was filed against the order dated 18-6-1985 by the petitioners; and the said order had become final. The 1st respondent also held that neither the 3rd nor the 2nd respondent (in passing the primary or appellate orders) adverted to the earlier order of the 3rd respondent dated 18-6-1985 declaring vesting of these lands in the State and held that on such vesting and in particular since the land is a grazing poramboke, patta could not have been granted either in favour of the petitioners or their predecessors. Sri Ashok Anand Kumar, the learned counsel for the petitioners would vehemently urge that the order of the 3rd respondent dated 18-6- 1985 was never put to the petitioners either in the de novo enquiry by the 3rd respondent which culminated in the order dated 17-4-1987 or in any of the appeals preferred to the 2nd respondent including the appeal preferred by the respondents 4 to 105 challenging the 3rd respondent’s order dated 17-4-1987. Since the 1st respondent was exercising quasi judicial power, he could not have referred to any material which was not put to the petitioners, is the contention that is urged for acceptance by this Court. The learned Government Pleader for Revenue contends that the Inamdars of the property were parties to the order dated 18-6-1985 and on the declaration of the vesting of title of the property in the State under Section 2-A of the Act (by the order of the 3rd respondent dated 18-6- 1985), there was no title in the Inamdars to execute a conveyance in favour of the petitioners grand father Chinna Kondaiah. Any conveyance would stand invalidated by reason of the vesting under Section 2-A of the Act, is the additional contention. Responding to the petitioners grievance that the order dated 18-6- 1985 was never intimated to the petitioners either in the primary, appellate or revisional proceedings, the learned Government Pleader is unable to state, on the basis of the record, that the petitioners were ever sensitized of this order which is adverse to them. As the 1st respondent is a quasi judicial authority, it was incumbent upon him to follow the established principle of natural justice and sensitize the parties to a lis as to any material adverse to them. No over-riding public interest concerns exist to avoid this essential principle of fair justice. It was not open to the 1st respondent to simply peruse the records on his own, identify some material in such record and arrive a conclusion on the basis of material, which was never put to the parties to a lis. Such a procedure is a heresy of established principles of natural justice. On the singular ground that the 1st respondent relied and substantially on the 3rd respondent’s order dated 18-6-1985 which was never put to the petitioners or brought to their notice, the order of the 1st respondent dated 8-1-1997 is liable to be invalidated. The impugned order is accordingly quashed. The 1st respondent is however at liberty to consider the matter afresh after notice and opportunity to the petitioners and respondents 4 to 105 at whose instance the 1st respondent’s revisional jurisdiction is activated. In such de novo consideration the 1st respondent is required to sensitize the parties to all and every material on the basis of which the 1st respondent desires to formulate conclusions on the revision by respondents 4 to 105. Further, the 1st respondent is also required to afford adequate opportunity to the parties to submit an appropriate response to the material intimated to them by the 1st respondent. After due process is followed, the 1st respondent may pass an appropriate order afresh without, in any manner, being influenced by the earlier conclusions contained in his order dated 8-1-1997, which is hereby quashed. The observations on merits, if any, by this Court in this judgment are only made as a narrative to the conclusions in this judgment. The writ petition is allowed as above, but in the circumstances, without costs. ________________________ GODA RAGHURAM, J 5th March, 2009. GRR