TIRUMAREDDY TIRUPATHI Vs. ESTATES ABOLITION TRIBUNAL BY CHAIRMAN

JUDGEMENT

(1.) Both these writ petitions are directed against the award passed by the Estates Abolition Tribunal, Vizianagaram, in renumbered TA Nos. 6 of 1986 and 7 of 1986 on 21.6.1993.

(2.) TA No. 6 of 1986 has been preferred by the State while TA No. 7 of 1986 has been preferred by the original writ petitioner in WP No. 10574 of 1994 Sri Tirumareddy Tirupati. Both these appeals were directed against the orders passed by the Settlement Officer, Visakhapatnam, on 7.12.1972, upholding the claim for grant of a patta in favour of the original 4th respondent herein, Sri Raja Lakshminarasimha Sanyasi Raju. For convenience sake, the contesting parties are referred to as Sri Sanyasi Raju (original claimant/respondent No.4) and Sri Tirupathi (the original appellant/writ petitioner).

(3.) Sri Sanyasi Raju appears to have instituted a civil suit OS No. 267 of 1955 on the file of the court of the Principal District Munsif, Rajam for recovery of possession of the plaint schedule land from Sri Tirupathi and also for damages for it's use and occupation contending that the said property is his private property. The said suit OS No. 257 of 1955 was dismissed on 31.12.1955 holding that the land is not private land but is forming part of Salur estate. Aggrieved by the said judgment and decree, the original claimant preferred an appeal in AS No. 330 of 1956 on the file of the court of the Addl. Subordinate Judge, Srikakulam. The Sub-Court also held that the suit schedule land is Zirayithi land under Patta No. 14 and confirmed that the same would form part of Salur Estate, which vested in the government in terms of Section 3 of the Estates Abolition Act, Act 26 of 1948. At that stage, the original claimant filed a petition before the Settlement Officer, Visakhapatnam claiming patta in terms of Section 15 of Act 26 of 1948, in respect of 0.42 cts of land forming part of Sy. No. 159/2 part and 167/part of Salur. The original appellant/petitioner in WP No. 10574 of 1994 also filed a claim petition for grant of ryotwari patta under Section 11 of Act 26 of 1948. The Settlement Officer granted patta on 7.2.1972 in favour of the original claimant/respondent No.4. Calling in question the validity of this order, the original appellant preferred an appeal in TA No. 11 of 1974 before the Estates Abolition Tribunal, Srikakulam. The Tahsildar, Salur, representing the State also preferred an appeal in TA No. 27 of 1973. The Estates Abolition Tribunal dismissed both these appeals. Then the original petitioner preferred WP No. 5403 of 1977 while Tahsildar, Salur filed WP No. 3024 of 1977. Both these writ petitions have been heard together by this court and this court allowed the writ petitions and set aside the orders passed by the Estates Abolition Tribunal and remanded the matter back for fresh consideration. After considering the matter afresh, the Estates Abolition Tribunal by its order dated 28.9.1979 held that the judgment rendered by the civil court in OS No. 257 of 1955 operates as res judicata inasmuch as the civil court held the suit schedule land as forming part of Salur estate, but not private land of the original claimant. That gave rise to WP No. 7168 of 1979 instituted by the original claimant/respondent No. 4 herein. By judgment dated 30.12.1985, the said writ petition is allowed and the order passed by the Estate Abolition Tribunal on 28.9.1979 in TA Nos. 27 of 1973 and 11 of 1974 is set aside with a direction to pass orders afresh after considering the additional evidence in Exs.R1 to R12. Thereafter the Tribunal renumbered the cases as noted supra.