KRISHNA SALT WORKS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The appellant in LPA No.258 of 1990 filed this application seeking to review the judgment passed by this Court, dated 23.11.1995.

(2.) It is stated in the affidavit that basing on the judgment of the Supreme Court reported in Chenchu Lakshmanna v. Submhmanya Reddy, , the learned single Judge of this Court dismissed the appeal in AS No.323 of 1980, Instead of the judgment of the Supreme Court reported in State of Tamil Nadu v. Ramalinga Samigal Madam, , wherein a contrary view was taken by the Supreme Court. Since it is an error apparent on the face of the record, the learned Counsel for the petitioner seeks to review the order passed by this Court.

(3.) The facts of this case are that the review petitioner filed an application before the Settlement Officer seeking to issue ryotwari patta to him under Section 11 of the Andhra Pradesh Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short the Act) and the same was dismissed by the Settlement Officer by holding that the land for which the petitioner is claiming ryotwari patta is a poramboke land and not a ryoti land. The view taken by the Settlement Officer was found favour with the authorities, who were entrusted with the adjudication of disputes under the Act. In those circumstances, the petitioner filed a suit in OS No.36 of 1977 on the file of the Principal Sub-Court, Visakhapatnam, seeking declaration that the land, which is in possession of the petitioner is not a communal poramboke but a ryoti land and also for a consequential direction to the respondents to issue ryotwari patta to him. Subsequently the suit was transferred to the District Court, Visakhapatnam and the same was re-numbered as OS No. 8 of 1979. The civil Court by its order, dated 6.2.1980 dismissed the suit. Aggrieved by the judgment and decree in the said suit, the petitioner filed an appeal in AS No.323 of 1980 before this Court. A learned single Judge of this Court by order, dated 23.6.1987 dismissed the appeal by passing one line order to the following effect: