DUDDUKURI SATYANARAYANA Vs. MANDAL REVENUE OFFICER BHADRACHALAM MANDAL

JUDGEMENT

(1.) This writ petition raises an important question of law, viz., whether the remedy and relief, under Section 5(c) of the Andhra Pradesh (Scheduled Areas Ryotwari Settlement) Regulation, 1970 (for short 'the Regulation'), is available to an individual, whose appeal, under Section 9(3) thereof, is rejected.

(2.) The Regulation provides for the grant of ryotwari pattas, in respect of all cultivable lands, forming part of estates, situated in the Scheduled Areas. The petitioners state that they are the owners of land in Sy.Nos.37/1 and 2, admeasuring about 6 hectares, situated at Gundala Village of Bhadrachalam Mandal. Section 9 of the Regulation enables the Settlement Officer, either suo motu, or an application made by the interested persons, to initiate the proceedings for grant of ryotwari pattas. The Settlement Officer, Bhadrachalam, initiated suo motu proceedings, as regards the lands claimed by the petitioners.

(3.) After hearing the petitioners herein, and on examination of the record, the Settlement Officer passed an order, dated 17-3-1978, disallowing the claim of the petitioners, under Section 7(1) of the Regulation. Aggrieved thereby, the petitioners filed an appeal under sub-section (3) of Section 9 of the Regulation, before the Director of Settlements, A.P., Hyderabad. The appeal was rejected on 12-8-1983. Thereafter, the petitioners preferred a further appeal, under that very provision, before the Commissioner of Survey and Settlements, the 2nd respondent herein; with a delay of 900 days. The 2nd respondent passed an order dated 5-1-1988, refusing to condone the delay, and thereby rejected the further appeal. Petitioners filed W.P.No. 19042 of 1988, before this Court and it was also dismissed on 26-12-1988.