GOVT OF A P Vs. CHATRATI MALLIKARJUNA RAO

JUDGEMENT

(1.) Respondents 1 to 5 herein filed W.P.No. 6251 of 1991 seeking appropriate Writ, order or direction particularly one in the nature of a Prohibition directing the 2nd appellant herein- 2nd respondent in the writ petition not to proceed with the review, suo motu or other-wised pursuant to the proceedings dated 21-12-1990 in CSS & LR Ref. PI/1491/89. The impugned proceedings dated 21-12-1990 is in the nature of a show cause notice issued to the respondents 1 to 5 - writ petitioners directing them to show cause as to why the order of the Commissioner, Survey, Settlement and Land Records in Case No.P. 1/1/86 dated 3 0-4-1986 should not be reviewed. The operative portion of the proceedings dated 21-12-1990 reads as follows:-

(2.) A detailed counter-affidavit is filed on behalf of the appellants herein and respondents in the writ petition. The matter was finally heard and the writ petition was allowed by the learned single Judge and the impugned show cause notice dated 21-12-1990 was quashed declaring that the appellants-respondents are not entitled to proceed with the further proceedings pursuant to the notice in exercise of the powers of review suo motu initiated and the patta granted to the petitioners is restricted to Ac. 100-00 in S.No. 190/2. Hence the writ appeal.

(3.) The learned Government Pleader appearing for the learned Advocate General submits that the order of the learned single Judge suffers from legal infirmities. The learned Government Pleader submits that the declaration granted by the learned single Judge holding that the writ petitioners-respondents 1 to 5 herein are entitled for the patta for an extent of Ac. 100-00 in R.S.No. 190/2 is totally unsustainable. It is the submission of the learned Government Pleader that the learned single Judge had dealt with the disputed questions of fact and acted as an appellate authority.