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Andhra Pradesh High Court - Amravati

Muddu Appalakonda vs The Commissioner on 10 May, 2024

 APHC010229572024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                                 [3331]
                            (Special Original Jurisdiction)

                      FRIDAY ,THE TENTH DAY OF MAY
                     TWO THOUSAND AND TWENTY FOUR

                                       PRESENT

           THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                         WRIT PETITION NO: 11559/2024

Between:

Muddu Appalakonda and Others                                      ...PETITIONER(S)

                                         AND

The Commissioner and Others                                     ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. P ROY REDDY Counsel for the Respondent(S):

1.

2. GP FOR REVENUE The Court made the following:

I.A.No.1 of 2024 This petition is filed to dispense with filing of certified copy of order dated 22.01.2024 passed vide Proceedings No.Sett.I(1)/233/2016 by respondent No.1.

Dispensed with the present.

Rule nisi. Call for records.

Learned Government Pleader for Revenue takes notice on behalf of respondent Nos.1 to 5 and seeks time to file counter.

Learned counsel for the petitioners is permitted to take out personal notice on respondent Nos.6 and 7 through RPAD and file proof of service.

Challenging the order dated 22.01.2024 passed vide proceedings No.Sett.I(1)/233/2016, by respondent No.1, the above writ petition is filed.

Heard.

Learned counsel for the petitioners submits that respondent No.1 lacks jurisdiction to hold the post of Commissioner of Appeal, O/o Chief Commissioner of Land Administration, being retired I.A.S. He further submits that order impugned is contrary to the law declared in Anakappal Vijayalakshmi and another v. State of Andhra Pradesh and another 2022 (1) ALD 597 (AP), wherein learned Single Judge of this Court considered the meaning of 'Zeroyati'. He submits that Zeroyati land is cultivable land, which is in the possession of the ryots as ryotwari land or private land of the Estate Holder.

Whether respondent No.1 got jurisdiction to entertain the revision filed under the Estate Abolition Act, 1948, by Joint Collector, needs to be examined.

The question regarding Zeroyati land is also to be considered.

Prima facie, to meet the ends of justice, interim order needs to be passed in this case.

In view of the above, both the parties shall maintain status quo existing as today, in respect of the subject property, in all respects, until further orders.

SUBBA REDDY SATTI,J ikn