The District Collector vs P. Gunavathi on 20 July, 2026

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    The District Collector vs P. Gunavathi on 20 July, 2026

                                              IN THE SUPREME COURT OF INDIA
                                               CIVIL APPELLATE JURISDICTION
    
                                          CIVIL APPEAL NO.        /2026
                                 [ARISING OUT OF Special Leave PETITION (CIVIL)
                                                  NO.4702/2024]
    
    
                    THE DISTRICT COLLECTOR & ORS.                                       RESPONDENT(S)
    
    
                                                                VERSUS
    
                    P. GUNAVATHI & ORS.                                                 RESPONDENT(S)
    
    
                                                            O R D E R
    

    1. Leave granted.

    2. Heard learned counsel for the parties.

    SPONSORED

    3. This appeal impugns judgment and order of the Division

    Bench of the High Court1 dated 25.08.2022 in Writ

    Appeal No.408 of 2013, whereby the Writ Appeal was

    allowed and the order of the learned Single Judge

    dated 18.12.2012, passed in Writ Petition (C) No.4274

    of 2009, was set aside.

    4. In short, the facts are as under:

    5. The predecessor-in-interest of the first respondent

    applied under Section 11(a) of the Andhra Pradesh

    (Andhra Area) Estates (Abolition and Conversion into

    Ryotwari) Act, 1948 (‘1948 Act’) to claim ryotwari
    Signature Not Verified
    patta over 12-50 cents in Paimash No.394, R.S.No.33 of
    Digitally signed by
    KAVITA PAHUJA

    1 1 High Court of Andhra Pradesh at Amrawati
    Date: 2026.07.24
    16:24:16 IST
    Reason:

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    Mangalam Village, Tirupathi Urban Mandal, Chittoor

    District. The Settlement Officer, Nellore allowed the

    application and, vide order dated 12.06.1986, granted

    ryotwari patta. Aggrieved therewith, a revision

    petition was filed by the District Collector, Chittoor

    under Section 5(2) of the 1948 Act before the

    Commissioner and Director of Settlements, Hyderabad,

    Andhra Pradesh. The said revision petition was

    dismissed. Aggrieved therewith, a revision was

    preferred by Mandal Revenue Officer before the

    Commissioner of Appeals. This too was dismissed.

    Impugning the orders of the Settlement Officer,

    Commissioner and Director of Settlements and the

    Commissioner of Appeals, a Writ Petition was presented

    before a Single Judge of the High Court. The learned

    Single Judge took the view that the application of the

    first respondent itself disclosed that land i.e.,

    Survey No.33, over which rights were claimed, was

    wrongly classified as Chennaiah Kunta Cheruvu (Tank

    Bed). Section 3 (16) of the Andhra Pradesh (Andhra

    Area) Estates Land Act, 1908, (‘1908 Act’) defines

    ‘ryoti land’. As per the definition, ‘ryoti land’ does

    not include ‘beds and bunds’ of tanks. Since in the

    records the land in question was classified as

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    Chennaiah Kunta Cheruvu, which means tank bed, unless

    the said classification is determined incorrect, the

    Settlement Officer would derive no jurisdiction to

    grant ‘ryotwari patta’. Consequently, the learned

    Single Judge set aside the orders of the three

    subordinate authorities and remanded the matter to the

    Settlement Officer by observing as under:

    “Grant of ‘ryotwari’ patta under Section
    11(a)
    of the Act, 1948, is in respect of
    ryoti lands. As per the resurvey,
    Survey No.33 is classified as Chennaiah
    Kunta Cheruvu. Unless the classification
    is found to be incorrect, question of
    granting patta, even if it is presumed
    that the parents of Polakala Kuppuswamy
    cultivated the lands, does not arise.
    First the primary authority must decide
    whether the classification of the land
    bearing survey No.33 as Chennaiah Kunta
    Cheruvu is incorrect. If the
    classification is found to be incorrect,
    then the issue whether deceased – 4th
    respondent – Polakala Kuppuswamy is
    entitled for ‘ryotwari’ patta can be
    considered. The primary authority and
    the revisional authorities side-tracked
    the issue and mainly concentrated on the
    aspect of the possession of the land.

    Therefore, I am of the view that the
    orders passed by the primary authority
    and the revisional authorities cannot be
    sustained and accordingly, the same are
    hereby set aside remanding the matter
    back to the primary authority i.e. the
    Settlement Officer, Nellore, to consider
    the issue whether the classification of
    Survey No.33 as Chennaiah Kunta Cheruvu
    in the resurvey is incorrect. After
    recording the finding on the issue, the
    Settlement Officer has to decide whether

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    deceased – 4th respondent – Polakala
    Kuppuswamy is entitled to grant of
    ‘ryotwari’ patta in respect of Ac.12.50
    cents in Survey No.33”

    6. In the writ appeal filed against the order of the

    learned Single Judge of the High Court, the writ

    appellant i.e., the first respondent took a plea that

    the State respondent had placed no documents on record

    to substantiate that the subject land is tank bed,

    therefore there was no justification for the learned

    Single Judge to set aside the orders passed by the

    three subordinate authorities passed on appreciation

    of the evidence on record.

    7. The Division Bench allowed the writ appeal by the

    impugned judgment and, in paragraph 11 of the impugned

    judgment, observed that from a reading of the order of

    the Settlement Officer it is clear that except filing

    a counter affidavit, no documentary evidence was

    placed on record by the Mandal Revenue Officer to

    substantiate the plea of the Department; besides,

    despite sufficient time being granted to them and in

    spite of several reminders, the Department failed to

    produce documents and pre-abolition records,

    therefore, finding of fact, based on consideration of

    the materials placed on record, was not liable to be

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    interfered with by the High Court in exercise of writ

    jurisdiction. Accordingly, the Division Bench set

    aside the order passed by the learned Single Judge of

    the High Court.

    8. Questioning the order passed by the Division Bench of

    the High Court, the learned counsel for the appellant

    submitted that grant of ‘ryotwari’ patta could only be

    over ‘Ryoti’ land. ‘Ryoti’ land would not include a

    ‘tank bed’. Therefore, once the applicant, in its

    application, stated that the land has been wrongly

    classified as ‘tank bed’, the authority would not have

    had jurisdiction to proceed further on the application

    for grant of ‘ryotwari’ patta without first

    determining the jurisdictional issue, that is, whether

    the land is ‘ryoti’ land or not, particularly when it

    is classified as ‘tank bed’. It was contended that in

    absence of such determination, the learned Single

    Judge was justified in setting aside the order of the

    Revenue Authorities and remanding the matter for fresh

    consideration.

    9. Per contra, Mr. Vikas Singh, learned Senior Counsel,

    appearing for the first respondent, submitted that the

    Commissioner of Appeals had noticed that the survey

    maps indicated presence of tank over Survey no.176 and

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    not Survey No.33 in respect of which the application

    was submitted for ‘ryotwari’ patta. Once the final

    court of fact had come to the conclusion that the land

    was not shown as ‘tank bed’ in the survey maps, there

    was no justification for the learned Single Judge to

    remand the matter for a fresh determination,

    particularly when no documents were produced by the

    Department as regards the classification of the land

    on the date of abolition of estates.

    10. We have considered the rival submissions and have

    perused the materials available on record.

    11. A perusal of the order of the Settlement Officer would

    indicate that the own stand of the first respondent,

    in its application for seeking ryotwari patta, was to

    the effect that the Department had been wrongly

    treating the subject land as tank poramboke and that

    the survey authorities had wrongly classified the land

    as tank poramboke.

    12. Admittedly, the original records in respect of entries

    prior to the abolition of estates were not produced in

    the proceedings. They have also not been produced

    before us. Therefore, what is relevant is that the

    case of the respondent had been that the subject land

    was wrongly classified as ‘tank bed’ or ‘tank

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    poramboke, by whatever name it be called. It is not in

    issue that ‘ryotwari’ patta could only be granted over

    ‘ryoti’ land. Further, it is not in issue that ‘ryoti

    land’ would not include a tank bed. In such a

    scenario, when from the own case of the respondent the

    land was classified as “Tank Bed”, without determining

    whether such classification of subject land was

    erroneous, the Settlement Officer would not derive

    jurisdiction to grant “ryotwari” patta. It is on that

    very ground, the learned Single Judge of the High

    Court remanded the matter for a fresh adjudication.

    13. It is well settled that in a legal proceeding whenever

    a jurisdictional issue arises for consideration, the

    authorities cannot proceed further without addressing

    and determining the same.

    14. As we do not find any specific finding that the

    classification of the subject land entered in the

    revenue records is erroneous, or that the subject land

    is not classified as ‘Tank Bed’, the remand of the

    matter to the subordinate authorities to first address

    the jurisdictional issue appears justified. We are,

    therefore, of the view that the Division Bench of the

    High Court committed serious error in setting aside

    the order of the learned Single Judge which merely

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    remanded the matter to the subordinate authorities to

    first address the jurisdictional issue. Accordingly,

    the appeal is allowed. The impugned order is set aside

    and the order passed by the learned Single Judge of

    the High Court is restored. All contentions are kept

    open for the parties to raise in the proceedings to be

    conducted pursuant to the order of remand.

    15. As the subject proceedings were initiated several

    decades back, the concerned authority to which the

    matter has been remanded shall ensure that the

    proceedings are decided in terms of the order of

    remand expeditiously, preferably, within a period of

    nine months from the date a certified copy of this

    order is placed before the authority concerned.

    16. Pending application(s), if any, shall stand disposed

    of.

    …………………………………………………J
    [MANOJ MISRA]

    …………………………………………………J
    [VIJAY BISHNOI]
    New Delhi
    July 20, 2026

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    ITEM NO.41 COURT NO.10 SECTION XII-A

    S U P R E M E C O U R T O F I N D I A
    RECORD OF PROCEEDINGS

    PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO.4702/2024

    [Arising out of impugned final judgment and order dated
    25-08-2022 in WA No. 408/2013 passed by the High Court of
    Andhra Pradesh at Amravati]

    THE DISTRICT COLLECTOR & ORS. Petitioner(s)

    VERSUS

    P. GUNAVATHI & ORS. Respondent(s)

    IA No. 24641/2024 – EXEMPTION FROM FILING C/C OF THE
    IMPUGNED JUDGMENT, IA No. 26505/2024 – PERMISSION TO FILE
    ADDITIONAL DOCUMENTS/FACTS/ANNEXURES, IA No. 64311/2024 –
    PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

    Date : 20-07-2026 This matter was called on for hearing
    today.

    CORAM : HON’BLE MR. JUSTICE MANOJ MISRA
    HON’BLE MR. JUSTICE VIJAY BISHNOI

    For Petitioner(s) :Ms. Prerna Singh, Adv.

    Mr. Guntur Pramod Kumar, AOR
    Mr. Dhruv Yadav, Adv.

    For Respondent(s) :Mr. Vikas Singh, Sr. Adv.

    Mr. V. Sridhar Reddy, Adv.

    Mr. K. Sarat Kumar Raju, Adv.
    Mr. Syed Khader Mohideen, Adv.
    Mr. Abhijit Sengupta, AOR
    Mr. Navneet Singh, Adv.

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    UPON hearing the counsel the Court made the following
    O R D E R

    1. Leave granted.

    2. The appeal is allowed in terms of the signed
    order which is placed on the file.

    3. Pending application(s), if any, shall stand
    disposed of.

      (KAVITA PAHUJA)                            (DIVYA BABBAR)
    ASTT. REGISTRAR-cum-PS                     COURT MASTER (NSH)
    
    
    
    
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