MUNIRATNAMMA Vs. COMMISSIONER OF SETTLEMENTS

JUDGEMENT

(1.) The only question that arises in this Writ Petition is, whether the provisions of the Code of Civil Procedure are ipso facto applicable to the cases pending before the Settlement authorities in matters pertaining to the Estates Abolition Act.

(2.) The case is that a petition was filed before the Settlement Officer, for the grant of a ryotwari patta by the father of the petitioners herein, and the Settlement Officer granted a patta. In the year 1972 the Director of Settlements initiated suo moto proceedings and cancelled the patta granted by the Settlement Officer. Aggrieved against that order, revision was preferred to the Board of Revenue, Andhra Pradesh, Hyderabad, by the father. Pending the Revision, the father, who was revisionist therein, died. This fact was not intimated to the counsel appearing for the revisionist before the Commissioner, as his address was the not known to the wife. But, later when the advocate wrote a letter informing the date of hearing of the Revision Petition, the son of the revisionist informed the counsel that his father died on 28-1-1978. On that, the counsel filed an application for bringing the legal representatives on record. To that, an objection was raised by the Government Pleader that the matter stood abated and unless and until the procedure as contemplated under the Code of Civil Procedure is adopted, viz., the abatement is set aside and the delay in filing the L.R. Petition is condoned, the same cannot be entertained. This objection, however, found favour with the Commissioner. Hence this Writ Petition.

(3.) The contention of the learned counsel for the petitioners is that the Commissopner nesconceived the provisions pertaining to the case and that he erred in concluding that the provisions of the Code of Civil Procedure are applicable in cases of this nature. In fact, ihe learned counsel submitted that the order is very perfunctory and no substantial reasons have been given, nor any statutory provisions have been referred to for the adjudication.