COMMISSIONER FOR SURVEY Vs. V APPANACHARYULU

JUDGEMENT

(1.) The Commissioner for Survey, Settlements and Land Records, Government of A.P., has filed this appeal aggrieved by the judgment dt. 28-1-1997 in W.P.No. 18965/93. The 1st respondent herein filed the writ petition assailing the appellant's proceedings V1/240/1986,dt. 22-9-1993, which is a show-cause notice initiating suo motu enquiry under Section 14-A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956.

(2.) The facts, according to the writ petitioner, leading to the writ petition are, in brief, as under:

(3.) During the pendency of the writ petition and the subsistance of the order of stay issued by this Court therein, by proceedings dt. 15-11-1996 final orders have been issued by the appellant herein. By the said proceedings the pattas in favour of the 1st respondent were set aside recording that the respondent absented himself from the enquiry despite notice to him in this behalf. Consequently the 1st respondent sought amendment of the relief in the writ petition to assail the final orders dt. 15-11-1996. By the orders dt. 15-11-1996 the pattas were cancelled on a finding that the grant of pattas were in gross violation of the Act and the Rules without reference to the relevant docu ments which would have disclosed that the lands belong to the temple and that the pattas were also granted without notice to the temple. It was also found that no documentary evidence was produced in support of the claim of the writ petitioner for the grant of pattas and that there was also no publication of the notice as required under the Rules. Consequent on the above finding the appellant, after cancelling the pattas remanded the matter to the Special Deputy Tahsildar for fresh enquiry as per Rules.