Dismissed

Banda Sarveswar Rao, v. The Commissioner of Appeals

Telangana HC8 Dec 2011WP/17662/2003

Case brief

AI extract

What is this about?

This writ petition challenged the dismissal of an appeal against a settlement officer's order regarding land title in a scheduled area. The petitioner argued that the limitation period began only when he received a certified copy, not when the order was communicated via post. The court found proof of timely communication and dismissed the petition, holding the appeal was rightly barred by a delay

What did the court decide?

The writ petition is dismissed with no costs awarded to the petitioner.

Banda Sarveswar Rao, Vs The Commissioner of Appeals — Arbitration | Telangana HC (2011)

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HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17662 of 2003

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Date: 08.12.2011

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Between:

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Banda Sarveswar Rao … Petitioner And The Commissioner of Appeal, Hyderabad and 3 others. … Respondents

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THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 17662 of 2003

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O R D E R :

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The petitioner herein claims title and possession in respect of Ac.1-75 cents of land situated in Sy.No.111/6/P, Morramvanigudem, Venkatapuram Mandal, Khammam District. It is stated that originally one Banda Pullaiah and Banda Lalaiah were the joint owners of the same. After their death, their children namely Banda Venkataswamy S/o Pullaiah, Banda Venkataswamy and Banda Mahalakshmi Sons of Lalaiah succeeded to the said property.

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Admittedly the said land is a notified scheduled area and after the enforcement of Andhra Pradesh Scheduled Areas Ryotwari Settlement Regulation, 1970 (A.P. Regulation 2/1970) suo motu enquiry was taken up by the Settlement Officer for grant of Ryothwari Pattas. By order dated 29.11.1983, the respondent No.3 herein allowed the claim of the children of Banda Pullaiah and Banda Lalaiah to an extent of 0.26 Hectares out of RS.No.111/6. However, their claim for the remaining land of 0.44 Hectares was disallowed and the said land was directed to be registered as assessed waste.

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The petitioner herein who claims to be the son of Banda Venkataswamy, filed an appeal in the year 1988 before the first respondent challenging the order dated 29.11.1983. The said appeal was dismissed by the second respondent by order dated 28.06.2011, on the ground that it was barred by limitation. Though the petitioner preferred a further appeal under Section 9(3) of A.P. Regulation 2/1970, the said appeal was also dismissed by the first respondent by order dated 25.04.2003. Hence, the present writ petition.

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I have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents and perused the material available on record.

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The impugned orders are assailed primarily on the ground that the order dated 29.11.1983 passed by the 3^rd respondent was not communicated to Banda Venkataswamy and Banda Mahalakshmi, sons of Banda Lalaiah and therefore the 60 days time prescribed under Section 9(3) of A.P. Regulation 2/1970 shall be computed only

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from the date on which the certified copy of the said order was furnished to the petitioner.

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On a careful consideration of the material available on record, particularly the finding of fact recorded by the respondents 1 and 2 that the order dated 29.11.1983 was communicated to the parties by registered post with acknowledgment due, I am unable to accept the plea of the petitioner that he was not aware of the said order till the certified copy was obtained on 20.04.1998.

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In the circumstances, as rightly held by the respondents 1 & 2, there was a delay of more than 12 years and therefore they were justified in dismissing the appeal as barred by limitation.

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For the aforesaid reasons, the orders under challenge warrant no interference by this Court.

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Accordingly, the Writ Petition is dismissed. No costs.

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______________ G. ROHINI, J

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Date: 08.12.2011 KLP/SP

Banda Sarveswar Rao, v. The Commissioner of Appeals

Case brief

What is this about?

What did the court decide?

Banda Sarveswar Rao, v. The Commissioner of Appeals

Case brief

What is this about?

What did the court decide?

What the court decided

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