GOVERNMENT OF ANDHRA PRADESH DASARI SATJANARAYAMT Vs. GOVERNMENT OF ANDHRA PRADESH DASARI SATJANARAYAMT

JUDGEMENT

(1.) It is the proper interpretation of the proviso to Section 11 of the Estates Abolition Act that is involved in this Writ Appeal.

(2.) The Respondent is the resident of Amudalapalli situate in the then Vuyyur Estate of the Krishna District, claiming that he was inducted into possession of Ac,6.02 cents of land by the then Zamindar of Vuyyur and that the patta therefor was subsequently granted to him on 19-7-1946, He invoked the pro visions of Section 11 of the Estates Abolition Act. The proper Assistant Settlement Officer rejected this application on the ground that the land in dispute formed part of the Budameru River poramboke, although he found that the respondent was in fact admitted into possession in 1944 and patta was assigned in 1946. The aggrieved respondent carried the matter in appeal to the Settlement Officer. The Settlement Officer, being of opinion that this was ryoti land and was not included in the river poramboke, that the respondent was in possession and enjoyment of this land Irom 1944 and that a patta was issued to him in 1946 by the then land-lord, set aside the order of the Assistant Settlement Officer and directed the issue of patta to him. One of the persons who opposed the issue of patta to the respondent before the Assistant Settlement Officer on the plea that it was ariver poramboke carried a revision to the Director of Settlements. This authority reversed the order of scandlenient Officer, having come to the conclusion that it was not ryoti land and fored that of the Assistant Settlement Officer.

(3.) This order formed the subject-matter of a revision to the Board of Revenue at the instance of the respondent. The Board of Revenue chose to agree with the Settlement Officer rather than with the Director of Settlements with the result that a patta was directed to be issued to the Respondent, Once again the objector came on the scene and sought to have the order of the Board of Revenue revised before the Government of Andhra Pradesh, which quashed the order of the Board of Revenue without notice to the respondent.