LAWS(APH)-1973-4-5

GAJJALA PAPIREDDI Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On April 05, 1973
GAJJALA PAPIREDDI Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) (Judgment of the Court delivered by the Hon'ble the Chief Justice.) The important question which this enquiry poses is whether the principle that when a quasi-judicial power vested in an authority is delegated to other subordinate authority, the delegating authority cannot hear appeal or revision against the order or act of his delegate is applicable to the delegation of a statutory administrative power. The question arises thus;- The village Valakalapalli was notified and taken over by the Government on 7-9-1950 under the Estates Abolition Act. The petitioners alleged that their predecessor was granted patta by the landholder on 3-11-1946.

(2.) The Assistant Settlement Officer, Chitoor held inquiry under Section 11 of the Act and submitted a report to the Board of Revenue recommending that the patta of the land in question be granted to the petitioners under the proviso to section 11 of the Act. The Board or Revenue, however, on 16-11-1957 directed the Assistant Settlement Officer to hold enquiry under Section 11 (a).

(3.) The Assistant Settlement Officer after holding such enquiry by his order dated 5-7-1959 held that the petitioners' predecessors were entitled to a ryotwari patta under Section 11 (a). Aggrieved by that order, respondents 3 and 7 preferred a revision to the Settlement Officer. While the said revision was pending, the Board of Revenue on 9-9-1959 directed the patta to be granted to the petitioners' father under the proviso to section 11.