HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.8722 OF 2005 Dt:- 31.08.2012 Between:- R.Venkat Rama Rao … Petitioner and The Commissioner & Director of Settlement and others … Respondents This Court made the following:- HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.8722 OF 2005 ORDER: - Heard. This writ petition questions the order of Director of Settlement whereunder petitioner’s application for grant of Ryotwari patta was rejected. It is apparent from the facts that in the earlier round of litigation, the rejection of petitioner’s application was subject matter of proceedings before the Chief Commissioner for Land Administration in File No.L2/640/97, which was disposed of by order of the Commissioner, dated 24.04.2000. The operative portion of the said order is as follows: “After going through the records I am satisfied that there is a prima facie case of long standing and undisputed possession in favour of the R.Ps. It is necessary as per principles of natural justice to examine their claims carefully as per law. Accordingly the case is remanded to the DOS to examine the original deeds filed by them and take a decision as per law after conducting de novo enquiry.” In terms of the said direction, the petitioner’s application was required to be reconsidered by the Director of Settlement by examining the original deeds. However, under the impugned order the Director of Settlement has dismissed the petitioner’s claim on the ground that it is covered against him by the principles of res judicata. Aggrieved thereby, the present writ petition is filed. One of the principal contentions of learned counsel for the petitioner is that the directions of the Commissioner while remanding the matter to the Director of Settlement, has not been kept in mind by the Director of Settlement while deciding the application and thereby the order impugned is vitiated. I am inclined to accept the said contention as the Commissioner had specifically directed the Director of Settlement to examine the original deeds filed by the petitioner and to take a decision as per law after conducting de novo enquiry. However, the impugned order shows that the Director of Settlement has not complied with the said directions of the Commissioner and has neither conducted any enquiry nor recorded any findings with reference to original deeds produced by the petitioner. The Commissioner has merely rejected the petitioner’s application on the ground of principles of res judicata. While the question of res judicata may be relevant to be considered but it was also necessary to the Commissioner to have looked into the original deeds and recorded his findings therein as directed by the Commissioner. The order impugned, therefore, being not in conformity with the order of the Commissioner, is liable to be set aside and is accordingly set aside. The matter is remitted back to the Director of Settlement to reconsider the matter by giving full effect to the operative directions of the Commissioner of Appeals/Chief Commissioner of Land Administration, A.P., Hyderabad in File No.L2/640/97, dated 24.04.2000, and pass appropriate fresh orders after giving due opportunity to all the parties in support thereof and dispose of within four months from the date of receipt of a copy of this order. Writ Petition is, accordingly, disposed of. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs. ____________________________ VILAS V. AFZULPURKAR, J 31.08.2012 lmv HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.8722 OF 2005 31.08.2012 lmv