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1997 Supreme(SC) 1224

A.S.ANAND, K.VENKATASWAMI
Commissioner Of Survey Settlements And Land Records, A. P. , Hyderabad – Appellant
Versus
Kunsam Saranarayana – Respondent


ORDER

These two Civil Appeals arise out of a common judgment of the High Court dated 10.12.1986. The controversy before us is limited and revolves around a patta of land measuring 28 acres and 82 cents, which is stated to be poramboke land. The respondents produced the said patta before the Reference Court in the proceedings under Section 18 of the Land Acquisition Act for the first time. The appellant issued a notice under Section 14-A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion Into Ryotwari) Act, 1956 (hereinafter the Inam Abolition Act). In that notice, inter-alia, it was stated that there was a prima-facie case to suspect that the patta, in question, had been obtained fraudulently. The notice went on to say :

"It is therefore proposed to take up suo motu enquiry as there is prima facie case to suspect the genuineness of the patta alleged to have been issued in this case".

2. The respondents filed Writ Petition No. 1225/78 resisting the claim of the Government that the area of 28 acres and 82 cents, which was the subject matter of the patta, vested in the Government by virtue of Section 2-A of the Inam Abolition Act. That Writ Petition was allowed and it wa
















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