MANDAL REVENUE OFFICER Vs. TEEGALA VENKATARATNAMMA
LAWS(APH)-2019-8-37
HIGH COURT OF ANDHRA PRADESH
Decided on August 07,2019

MANDAL REVENUE OFFICER Appellant
VERSUS
Teegala Venkataratnamma Respondents

JUDGEMENT

C.Praveen Kumar, A.C.J. - (1.)Heard. Perused the record.
(2.)This writ appeal, under Clause 15 of the Letters Patent, is directed against the order dated 05.08.2009 passed in W.P.No.1523 of 2002 by a learned Judge of the erstwhile combined High Court of Andhra Pradesh. The said writ petition came to be filed by the appellant herein, the Mandal Revenue Officer, V.Madugula Mandal, Visakhapatnam District, challenging the order dated 30.10.2000 passed by the Commissioner of Appeals, granting ryotwari patta in favour of the deceased first respondent herein, in exercise of revisional powers under Section 7(d) of Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948. By the order under appeal, the learned Judge dismissed the writ petition, holding that the Commissioner has arrived at a conclusion after appreciating facts, against which a writ of Certiorari would not lie.
(3.)Learned Government Pleader appearing for the appellant would contend that the subject land, i.e. Ac.10.00 in R.S.No.202, corresponding to old Sy.No.17/B, of Tatiparthy Village, Madugula Mandal, Visakhapatnam District, was not a ryoti land and it was never brought under cultivation and, therefore, the Commissioner ought not to have granted ryotwari patta in respect of the said land in favour of the first respondent, who claimed to have purchased the land in the year 1965. It is further contended that the land in Sy.No.202 was classified as 'Gayalu-AWD' as per the Survey & Settlement Records of the village, which was taken over by the Government on 26.05.1955 pursuant to the village being notified as Estate village. The claim of the first respondent for grant of patta was initially rejected by the Settlement Officer and Director of Settlement, after perusal of the record, but the Commissioner of Appeals erroneously set aside the same.
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