REVIEW PETITION 780 of 2020 on 13 April 1982

1. GP FOR REVENUE (AP)

Counsel for the Respondent(S):

1. SUBBA RAO KORRAPATI

The Court made the following Order:

(per Hon’ble Sri Justice R. Raghunandan Rao)

The respondents 1 to 4, in the Writ Appeal claimed ownership rights over Ac.3.32 cents of land in Sy.No.91/4 and Ac.1.96 cents of land in Sy.No.91/3 of Damineedu Village on the basis of a ryotwari patta said to have been given on 13.04.1982 by the Settlement Officer under the provisions of the Estate Abolition Act.

2. The ryotwari patta became the subject matter of many rounds of litigation.

3. In the latest round of litigation, a learned Single Judge of this Court, by way of a Judgment, dated 16.02.2022, in W.P.No.780 of 2020 had rejected the challenge to the said ryotwari patta and the rights flowing from such a patta.

4. Aggrieved by the said order of the learned Single Judge, W.A.No.504 of 2022 came to be filed before the Division Bench. This Writ Appeal was dismissed by the Division Bench, by a Judgment, dated 21.06.2023.

5. The review petitioners, claiming ownership over part of this land, have moved the present review petition.

6. The grounds raised by the review petitioners fall into two categories. The first category of grounds, are essentially the same grounds that were raised by the appellants in the Writ Appeal. The second category or grounds state that the predecessors in title of the review petitioners had been granted ryotwari patta, for the same land, under the provisions of the Estate Abolition Act, 1948, by proceedings dated 18.11.1966 and that, the private respondents in the Writ Appeal, without adverting to their claims and rights over the land had been obtaining orders behind their back. The review petitioners contend that they have no claim over land admeasuring Ac.1.96 cents in Sy.No.91/3 but have a claim over Ac.3.32 cents in Sy.No.91/4. The review petitioners also contend that W.P.No.8949 of 2022, moved by them, before this Court, for a direction to the revenue authorities, to include their names in the revenue records and for issuance of patta pass book and title deeds is pending before this Court.

7. We have heard the learned counsel, on both sides, at great length. However, this Court deems it appropriate that W.P.No.8949 of 2022 is heard along with this review petition in as much as different and contradictory claims of ownership are being raised on the same piece of land by way of two separate sets of litigation and it would be appropriate that both are heard together to ensure that there are no contradictory decisions by this Court.

8. Accordingly, registry is directed to place the bundles before the Hon’ble Chief Justice for directions for posting both these matters before an appropriate bench.

_____________________________

JUSTICE R.RAGHUNANDAN RAO

____________________

JUSTICE HARINATH.N,J

RJS

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO &

HON’BLE SRI JUSTICE HARINATH N.

Review I.A.No.1 of 2023 in W.A.No.504 of 2022

(per Hon’ble Sri Justice R. Raghunandan Rao)

Dt: 29.11.2024

RJS