GUDIMETLA NARASIMHA MURTHY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The 16 petitioners claim to have been granted pattas by the Settlement Officer, Peddapuram (now at Visakhapatnam) under The Andhra Pradesh Muttas (Abolition and Conversion into Ryotwari) Regulation, 1969 (for short 'the Regulations') in file No.3123/A/l dated 2-2-1975. Pursuant to the pattas asserted to have been granted to them, the petitioners applied for permission to cut the tree growth in the lands in respect of which they were granted pattas in Sy.Nos. 33/1 to 33/16 of Puttaganti village of erstwhile Yellavaram Taluk, presently situated in Y. Ramavaram Revenue Mandal of E.G. District, in an extent of Ac. 335.33 gts. As the applications made in this behalf were not responded by the District Collector, E.G. District the petitioners filed W.P.No. 14272/86 for appropriate relief.

(2.) In the above writ petition the D.F.O. filed a counter-affidavit dt 27-2-1987. This counter asserted that appeals dt. 17-9-1978 were filed against the grant of pattas in favour of the petitioners, which were pending before the Director of Settlements, Hyderabad. In view of the above statement in the counter-affidavit of the DFO, the writ petition was disposed of by the judgment dt 17-4-1987 directing the Director of Settlements, the 2nd respondent herein, to dispose of the appeals preferred by the Forest Department within 8 weeks from the date of receipt of a copy of the order in W.P. No. 14272/86.

(3.) Upon receipt of the judgment of this court, the 2nd respondent by his communication dt 28-8-87 informed the petitioners that on verification of the records it was revealed that no such appeals were pending and in the circumstances the question of disposing of the appeals pursuant to the order of this court did not arise. Thereupon a show-cause notice dated 29-8-87 was issued by the 2nd respondent in suo motu exercise of power and recording therein that the Settlement Officer, Peddapuram had granted pattas in favour of the petitioners irregularly and in violation of the provisions of the Regulation. This show-cause notice called upon the petitioners to respond why the order of the Settlement Officer, Peddapauram, be not re-examined for further action.