ADURU BADARINATH Vs. STATE OF A. P.

JUDGEMENT

(1.) As the issue involved in both the writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.

(2.) Since the facts in both the writ petitions are similar and identical, therefore WP No.18094 of 2023 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.

(3.) Brief facts of the case are that, the petitioner is one of the family member of Aduru Estate holders. Some of the members of Aduru family filed a suit for partition of the schedule lands (estate lands) on the file of Subordinate Judge, Nellore and a preliminary decree was passed on 19/12/1951. After the Estate Abolition Act, 1956 came in to force, the petitioners family members filed claims before the 4th respondent and the said claim petitions were ordered. Aggrieved by the same, an Appeal No. 27 of 1970 was filed before Estate Abolition Appellate Tribunal, wherein vide judgment dtd. 13/12/1971 orders of Settlement Officer was set aside by remanding the matter. It is stated that the 4th respondent vide order dtd. 7/2/2009 passed orders that family members are entitled for the patta only to the extent of Ac. 88.41 cents and remaining land is mining poramboke though such power is not vested with the settlement officer to declare the estate land as mining poramboke. Aggrieved by the said orders CMA No. 19/2009, xxxxxxx 27/2009 and CMA 29/2009 were filed before the Estate Abolition Appellate-cum-Principal District Judge, Nellore and PrincipalDistrict Judge remanded the matter to the settlement officer by order dtd. 28/4/2012. Again 4th respondent Settlement Officer has passed orders on 2/9/2016 treating only Ac.88.41 cents as patta land and rejected patta for remaining extent of Ac. 147.69 cents. Aggrieved by the said order, some of the family members filed CMA No.11 of 2016 wherein, the petitioner has shown as objector respondent.