STATE OF ANDHRA PRADESH Vs. STATE

JUDGEMENT

(1.) A question, out of the ordinary, falls for decision in this reference, The State of Andhra Pradesh is seeking to file a petition under Article 226 of the Constitution, for the issue of' a writ of mandamus or any other direction or order, directing the respondents to treat the order of the Estates Abolition Tribunal, Chittoor in E.T.A.S. No. 13 of 1959 dated 3Oth of March, 1966 and the order of the High Court in C.R.P.No. 688 of 1962 dated 15th November, 1965, as null and void and to further direct the respondents to give effect to the order of the Estates Abolition Tribunal, Chittoor prior to the remand in E.T.A.S. No. 13 of 1959 dated I4th July, 1960. C.R.P. No. 688 of 1962 was a revision petition filed under Article 227 of the Constitution. Thus, the petitioner seeks to question the validity of an order of this Court passed, in exercise of powers under Article 227,. in a collateral proceeding under Article 226.

(2.) The office inter alia raised the two following objections: (1) regarding maintainability of the writ petition and (2) whether the High Court should not be impleaded as a party respondent to the writ petition, because its order under Article 227 is sought to be declared null and void. Both these objections are contested by the learned Counsel for the petitioner as untenable. I am called upon to decide the validity of these two objections to the writ petition and its array of parties. The relevant facts are : Edapudi Village in Kalahasti Taluk of Chittoor District was declared as an under-tenure inam estate and taken over by the Government on 5th November, 1952. One Bhecma Venku Reddy, the father of respondents 3 to 5 in this proposed writ petition, preferred a claim for a patta under section 15 (1) of the Estates Abolition Act, for certain lands in that village. The Additional Assistant Settlement Officer, Chittoor, by his order dated 15th January, 1954 allowed the claim and granted patta under section 12 (a) read with section 14 (b) of that Act.

(3.) The matter was carried in appeal to the Estates Abolition Tribunal, Chittoor, which by its order dated I4th July, 1960 in A.S.No. 13 of 1959, allowed the appeal and rejected the ryotwari patta granted to Venku Reddy, except to a small extent of 25 cents. Aggrieved by this decision of the Tribunal, the claimant, Venku Reddy, preferred C.R.P.No. 688 of 1962 to this Court, under Article 227 of the Constitution That revision petition was allowed by this Court by its order dated 15th November, 1965 and remanded the case to the Tribunal for fresh disposal. After the appeal went back to the Tribunal it was discovered that the original claimant, Venku Reddy had did even on 8th December, 1964, i.e., even before this Court rendered its decision allowing C.R.P. No. 688 of 1962 on 15th November, 1965 and that no legal representatives had been brought on record. Thereupon, the Tribunal dismissed the appeal as abated on 13th March, 1966. It is these orders that the petitioner seeks to be declared as null and void in the proposed writ petition, contending that C.R.P.No. 688 of 1962 had abated even before this Court passed an order allowing it and consequently the order passed by this Court, as well as the later order passed by the Tribunal, are null and void.