PULUGORU GOPAL REDDY Vs. MANDAL REVENUE OFFICER, TIRUPATHI

JUDGEMENT

(1.) What is the scope of a review? Whether a review lies in this case? Whether the impugned order is liable to be reviewed? If so, to what extent? - these are the questions that arise for consideration in this case.

(2.) The primary question is whether Survey No.46, Akkrampally Village, admeasuring Ac.23-83 cents of land is a tank known as Polavani Kunta or Polavari Gunta is a village wherein a small tank by the same name exists. Government declared Akkrampally as Inam Estate and had taken over the same on 07-01-1959 under the provisions of the Andhra Pradesh (Andhra Area) Estates Abolition Act, 1948 (Estates Abolition Act, for short). One Tirupathi Doraswami Iyengar owned Ac.23-83 cts. of land in R.S.No.46 as a pattedar. The property was purchased on 14-7-1930 by P.Munuswamy Reddy as a member of the joint family consisting of himself and his brother P.Ramakrishna Reddy.

(3.) P.Ramakrishna Reddy and 6 others filed W.P.No.5121 of 1979 apprehending assignment of Survey No.46 in favour of M.S.Reddy. The writ petition was dismissed on 18-11-1985. During the pendency of W.P.No.5121 of 1979, Puligoru Gopal Reddy filed an application before the Settlement Officer, Nellore under Section 11(a) of the Estates Abolition Act contending that the land covered by Survey No.46, Akkrampally Village originally belonged to Tirupathi Doraswami Iyengar and that P.Munuswamy Reddy purchased the same as a member of the Hindu Undivided Family (HUF) consisting of himself and his brother P.Ramakrishna Reddy through a registered sale deed dated 14-7-1930.