GOVERNMENT OF ANDHRA PRADESH Vs. KALLETI CHENGAIAH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the order of the division bench of the High court of A. P. dated 28/7/1993 made in Writ Appeal No. 752 of 1992. The Director of Settlement by his order dated 25/10/1990 suo motu exercised power under Section 5 (2 of the A. P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (26 of 1948 (for short "the Act") and set aside the order of the Settlement Officer dated 7/2/1983 granting ryotwari patta under Section 11 (a) of the Act to the respondent. When the order was challenged by way of writ petition, the learned Single Judge set aside the order holding that the exercise of the power after long lapse of time was arbitrary; there was no material produced to show circumstances under which the power came to be exercised and that, under those circumstances, the order setting aside the grant of ryotwari patta is illegal.

(3.) It is seen that Section 5 (2 of the Act gives power as under: