E VENKATAPATHI NAIDU Vs. COMMISSIONER OF SURVEY SETTLEMENTS

JUDGEMENT

(1.) This petition is filed for issuance of an appropriate writ to quash the order of the 1st respondent dated 30-11-1982 confirming the orders of the Director of Settlements dated 8-7-1981.

(2.) The Settlement Officer by an order dated 10-6-1970 granted ryotwari patta for eighteen acres comprising ten acres in RS. No. 185/2 and eight acres in RS. No. 119/1. It is stated by the petitioner that one Sri Raghunatha Naidu filed a revision before the Director of Settlements and the same was dismissed in D. Dis. No. A3/23196/7, dated 30-10-1971. Thereafter, the Collector filed a revision petition and the same was dismissed on 6-4-1974 as time barred. On 18-5-1974 the Director of Settlements initiated suo motu enquiry. At that stage the petitioner filed a writ petition and pursuant to an order passed in November, 1977 the Director of Settlements passed an order on 8-7-1971 cancelling the patta. This order is confirmed by the Governrrent.

(3.) The learned counsel for the petitioner contends that the initiation of suo moto enquiry is devoid of jurisdiction as the revision petition was dismissed on merits by an order dated 13-10-1971 and consequently the order of the primary authority has merged in the tevisional order and in any event the initiation of suo motu enquiry is very much be lated in the circumstances and finally there is inordinate delay in passing the order. It is also contended that as a result of the pressure of the Member of Parliament in the area the suo motu enquiry was initiated by the Director of Settlements.