CHELLA CHENCHAIAH Vs. COMMISSIONER APPEALS OFFICER OF THE CHIEF COMMISSIONER OF LAND ADMINISTRATION A P HYDERABAD

JUDGEMENT

(1.) The unsuccessful petitioner is the appellant in this writ appeal preferred against the order of the learned single Judge dated 13-4-2003 made in Writ Petition No.6098 of 2003. The learned Judge dismissed the writ petition at the stage of admission.

(2.) The appellant filed the writ petition assailing the order of the 1st respondent dated 30-12-2002 in exercise of powers under Section 7 (d) of the Andhra Pradesh (Andhra Area) (Estates Abolition and Conversion into Ryotwari) Act, 1948 (for short 'the Act') rejecting the claim of the appellant for grant of ryotwari patta in respect of the land admeasuring Acs.9-90 cents in R.S. No.408/5 and an extent of Ac.18.60 cents in R.S. No.409 of Renigunta Village, which initially formed part of Srikalahasthi Zamin estate. The case of the appellant is that he filed an application for grant of patta under Section 11 (a) of the Act before the Settlement Officer, Nellore, with a petition to condone the delay. The application for grant of patta was allowed, but the same was not implemented. Then he filed Writ Petition bearing No.15084 of 1988 seeking Mandamus directing the respondents to implement the patta. This Court by order dated 23-3-1989 directed the Mandal Revenue Officer to implement patta if there is no revision petition pending against the said order passed by the Settlement Officer. The writ petition was ultimately disposed of by this Court by order lated 13-9-1991 in terms of the interim order.

(3.) The Mandal Revenue Officer, having obtained a copy of the order passed by the Settlement Officer dated 10-2-1987, filed review petition in this Court alleging that the application of the appellant for grant of patta was rejected. The review petition was dismissed against which a Writ Appeal bearing No.1380 of 1994 was preferred and a Division Bench of this Court by order dated 22-6-1996 disposed of the writ appeal directing the appellant herein to file a petition before the 4th respondent and the latter was directed to issue notice to the concerned parties and decide whether actually patta was granted to the appellant or not. An enquiry was held pursuant to the directions of this Court and ultimately appellant was informed that no patta was granted in his favour and in fact his application for grant of patta was rejected by the Settlement Officer by order dated 10-2-1987.