Andhra Pradesh High Court Quashes Commissioner of Appeals' Decision, Upholds Ryotwari Patta Classification

Court Rules Commissioner Lacked Jurisdiction to Overturn Joint Collector's Order on Land Classification

In a significant ruling, the Andhra Pradesh High Court, presided over by Justice B. Krishna Mohan, has set aside the order of the Commissioner of Appeals dated October 28, 2022, which had annulled the Joint Collector's decision regarding the classification of land in Vizianagaram District. The court found that the Commissioner of Appeals acted beyond its jurisdiction, rendering its order void ab initio.

The case, brought forth by Puvvada Srinivas and others, revolved around a disputed land classification involving an extent of 19 acres in Survey No. 180/1. The land, originally granted as Ryotwari patta under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, was erroneously recorded as "Rallagutta/Poramboke" in official records. This incorrect classification led to the land being listed under prohibited properties, causing significant hardship to the petitioners.

The Joint Collector had previously rectified the error on October 29, 2021, by reclassifying the land as "Ryotwari Dry" and directing changes in the settlement register. However, this decision was challenged by the Tahsildar, who appealed to the Commissioner of Appeals without a statutory basis, resulting in the controversial annulment.

Justice Mohan emphasized that the Commissioner lacked statutory authority to entertain appeals against orders made under BSO-34B(10), which pertains to corrections in settlement registers. The court reaffirmed that jurisdiction is a legislative function and cannot be conferred by consent or parties' acquiescence. As such, any order passed by an authority without jurisdiction is inherently void.

The judgment reiterated the principle that once a statutory grant of land is made, subsequent corrections in classification records are merely ministerial acts. The court also noted the historical context and documentation supporting the petitioners' claim, including various sale deeds and official records indicating the land's status as Inam Dry.

The High Court's decision restores the Joint Collector's order and allows for the correct classification of the land in question, paving the way for the petitioners to seek necessary changes in official records. The ruling underscores the importance of adhering to statutory provisions and the limits of administrative authority in land classification matters.

Bottom Line:

Jurisdiction - Orders of the Commissioner of Appeals (2nd Respondent) set aside for entertaining an appeal against the Joint Collector (3rd Respondent) without jurisdiction, as the Commissioner of Appeals is not vested with statutory power under any law for the time being in force.

Statutory provision(s): Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 Sections 7, 22A; Registration Act; B.S.O. 34-B(10); B.S.O. 15.

Puvvada Srinivas v. State of Andhra Pradesh, (Andhra Pradesh) : Law Finder Doc Id # 2796675