IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No: 14654 of 2008 Between: Edara Surya Rao S/o.Bulleyya R/o.H.No.19-213, R.T.C. Colony, Yeleswaram, East Godavari District. ..... PETITIONER AND 1 Vegi Subba Rao S/o.Rupularaju R/o.Mamidada, Jaggampeta Mandal, East Godavari District. 2 Vegi Venkateswarlu S/o.Rupularaju R/o.Mamidada, Jaggampeta Mandal, East Godavari District. 3 Malireddi Surya Rao S/o.Papa Rao R/o.Near Shivalayam, Yeleswaram, East Godavari District. 4 Malireddi Venkata Satyanarayana Murthy S/o.Surya Rao R/o.Near Shivalayam, Yeleswaram, East Godavari District. 5 Malireddi Venkata Bhaskara Rao S/o.Surya Rao R/o.Near Shivalayam, Yeleswaram, East Godavari District. 6 Malireddi Venkata Papa Rao S/o.Surya Rao R/o.Near Shivalayam, Yeleswaram, East Godavari District. 7 The Appellate Authority under The Andhra Pradesh (Andhra Area) Tenancy Act (Principal District Judge), East Godavari, Rajahmundry, East Godavari 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 issue a Writ, Order or any direction especially one in the nature of a Writ of Certiorari calling for the records pertaining to the judgment dt. 02.11.2005 made in A.T.A.No.29/98, on the ﬁle of The Appellate Authority under The Andhra Pradesh (Andhra Area) Tenancy Act (Principal District Judge), East Godavari Rajahmundry and the Order dt. 10.2.1998 made in A.T.C.No.5/93, on the ﬁle of The Special Oﬃcer (Principal Junior Civil Judge), Peddapuram and quash the same as they are bad, illegal, arbitrary and perverse. Counsel for the Petitioner: MR.A.GOPALAKRISHNAMACHARYULU Counsel for the Respondent: . The Court made the following : Form-NIC-OGS/WP{KURR} O R D E R:- This writ petition is ﬁled seeking certiorari to quash the judgment dated 2.11.2005 passed in A.T.A.No.29 of 1998 by the Appellate Authority under the Andhra Pradesh (Andhra Area) Tenancy Act (Principal District Judge), East Godavari, Rajahmundry, conﬁrming the order dated 10.2.1998 made in A.T.C.No.5 of 1993 on the ﬁle of the Special Oﬃcer (Principal Junior Civil Judge), Peddapuram. The petitioner states that himself and one late Kilaparthi Surya Rao had taken the lands in an extent of Ac.11.20 cents in S.No.124, Ac.4.53 cents in S.No.125 and Ac.26.65 cents in S.No.141 situated in Mamidada village, Jaggampeta Manddal, East Godavari District, on lease in the year 1960 from one late Rupula Raju, the father of respondents 1 and 2, and cultivated them till the death of Rupula Raju. Thereafter, respondents 1 and 2, who are the successors of Rupula Raju, executed a registered lease deed dated 8.1.1985 in favour of the petitioner for a period of further 99 years. Since then, the petitioner and K.Surya Rao, have been cultivating the lands and in continuous possession and enjoyment of them. While so, respondents 3 to 6, who are claiming themselves to be the landlords, made some attempts to disturb the possession of the petitioner and K.Surya Rao by stating that they obtained a sale deed through Court in O.S.No.251 of 1971 on the ﬁle of the Sub-Court, Kakinada. Then, the petitioner and K.Surya Rao ﬁled A.T.C.No.5 of 1993 for a declaration that they are the tenants and also for permanent injunction, but the A.T.C. was dismissed. Afterwards, K.Surya Rao passed away and since his sons are not interested in cultivating the lands, the writ petitioner himself has been cultivating those lands. Challenging the order, dated 10.2.1998 made in A.T.C.No.5 of 1993, the petitioner preferred A.T.A.No.29 of 1998, but the appellate authority dismissed the Appeal conﬁrming the judgment of the Special Officer (Principal Junior Civil Judge), Peddapuram. Heard the learned counsel for the petitioner and perused the material placed on record. The parameters and scope of judicial review of this Court under Article 226 of the Constitution of India, to issue a writ of certiorari, are very limited. In Surya Dev Rai v. Ram Chander Rai[1], the Apex Court held as follows: “Certiorari, under Art. 226 of the Constitution, is issued for correcting gross errors of jurisdiction i.e. when a subordinate Court is found to have acted (i) without jurisdiction – by assuming jurisdiction where there exists none, or (ii) in excess of its jurisdiction by overstepping or crossing the limits of jurisdiction, or (iii) acting in ﬂagrant disregard of law or the rules of procedure or acting in violation of principles of natural justice where there is no procedure speciﬁed, and thereby occasioning failure of justice.” A perusal of the record would show that the trial Court as well as the lower appellate Court meticulously scrutinized the entire evidence placed before them and came to the concurrent ﬁnding that the document Ex.A1, registered sale deed was brought into existence after the previous litigation between the petitioner and his co-tenant, K.Surya Rao. Further, though the petitioner’s co- tenant died during pendency of the proceedings before the Special Oﬃcer, legal representatives of the co-tenant were not impleaded in ATC on the ground that the sons of the co-tenant are not interested in the tenancy rights. Apart from the earlier litigation, the lower Court and the lower appellate Court also considered civil suits and judgments and arrived at the conclusion that the petitioner is not the cultivating tenant and not entitled to permanent injunction as he was never in possession of the schedule lands much less as cultivating tenant. The orders of the Courts below, judged from the parameters of certiorari jurisdiction of this Court under Article 226 of the Constitution of India, do not call for interference, for the petitioner failed to establish any infirmities. I see no reason to ﬁnd fault with the impugned orders of both the primary and the appellate Tribunal and they cannot be interfered with. Hence, this writ petition fails and is accordingly dismissed. No costs. ______________ N.V.RAMANA, J 12th September, 2008 bcj [1] AIR 2003 SC 3044 = 2003 AIR SCW 3872