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1997 Supreme(AP) 54

Andhra Pradesh High Court
Judges : S.V.MARUTHI
Lingareddy Ramakrishna Reddy - Appellant
Versus
Director of Settlements, Hyderabad - Respondent
W.P.No.21218/95
Decided On : 01-28-97
Advocates Appeared :
Mr. Rupacharyulu

Headnote:APESTATE (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1948 - Secs5(2) and 11 (a) - Revisional Authority can invoke suo motu Revisional jurisdiction in case where it is apprehended that the fraud was committed while grant of rough patta Validity must be judged by the reasons mentioned and cannot be supplemented by fresh reasons - Suo motu power must be exercised to advance the causes of justice and not to upset settled rights - The notice issued by the District Collector is not as a result of finding loss of records on a preliminary enquiry but at the instance of MLA and on request of the , landless poor persons - Authorities had issued notice without applying their mind to the facts on the record, pursuant which suo motu enquiry was initiated - The exercise of power is oppressive and unreasonable

       HELD: The petitioners are in possession of the land for over a period of more than thirty seven years after the abolition of estate and they have perfected their title by adverse possession even against the Government - Therefore the respondents can not initiate Suo Motu enquiry under the Act - Notice can not be sustained - WP is allowed

S. V. MARUTHI, J.

( 1 ) THIS writ petition is filed for a Writ of Prohibition restraining the first respondent-Director of Settlements from proceeding further with the suo motu enquiry pursuant to the notice dated 8-4-1995.

( 2 ) THE facts in brief are as follows: The Raja of Venkatagiri Zamin Estate granted land in Paimaish No. 679 of Madanuru village Bit No. 2 (now surveyed in Ethamukkala village) in favour of eight families of Alia, Ulchi, Samanthula, maturi, Kunkala, Lingareddy, Bapireddy and Kalahasthi Reddy more than 100 years ago for the purpose of cultivation and pasturage on payment of usual rent due thereon. Raja Saheb granted land in Paimaish Nos. 17,18,23 and 24 situate in Somavarappadu village in favour of Kolagatla Peda narasimham and others 100 years ago for the purpose of cultivation and pasturage. The petitioners acquired these lands either by purchase from the original grantees or by inheritance from the original grantees. The land was cultivated partly with dry crops like greengram etc. , and the rest was used for grazing purposes exclusively by the petitioners and their predecessors- in-title. The petitioners claimed that they have acquired occupancy rights in respect of their holding situate in Ethamukkala and Somavarappadu villages long before 1-7-1945. The Venkatagiri Zamin Estate was taken over by the government under Section 1 (4) of the Estates Abolition Act, 1948 (hereinafter referred as the Act ) on 7-7-1949. Prior to the abolition of the Estates, under the Estates Land Act of 1908, the lands were transferable and heritable under section 10 of the Estates Land Act, 1908. The petitioners as the transferees stepped into the shoes of transferors under Section 64 of the Estates Land Act of 1908. The following documents establish their title to the property in dispute namely:- (I) 8-1-1898 - Registered sale deed executed by Koratla Krishna Reddy and others in favour of Lingareddy, Rami Reddy and others, (II) 4-1-1898 Registered sale deed executed by Kolagatla Peda narasimham and others in favour of Lingareddy Rami Reddy and others. (III) 27-3-1900 registered sale deed executed by Sivaraju Kotaiah in favour of Bommireddy Ramalinga Reddy. (IV) 24-7-1908 Registered sale deed by Kothapalli Ademma in favour of valivarthi Adiraju. (V) 27-7-1908 Registered sale deed by Lingareddy Subbamma, w / o Subba reddy and Gollamudi Gannamma, w/o. Subba Reddy in favour of linga Reddy Venkata Subba Reddy, s/o Yella Reddy situate in madanuru village. (VI) 20-11-1931 Registered Will by Linga Reddy Venka Reddy bequeathing his undivided share in the land situate in Madanuru Bit No. 2 village in favour of Balleli Pulla Reddy. (VII) 25-3-1994 Registered Sale deed by Vemuri Seetha Ramaiah in favour of Vemuri Subbaramaiah. (VIII) 16-5-1947 Registered Sale deed executed by Voyyeti Rami Reddy in favour of Alia Narayana Reddy. (IX) 29-5-1951 Registered Partition deed executed by Voyyeti Polamma in favour of (1) Kulakala Sankaramma and (2) Musunuru Venkata subbamma. (X) 15-8-1955 Registered Settlement deed executed by Maram rukminamma in favour of Bapireddy Venkata Reddy. (XI) 27-10-1957 Registered Partition deed executed by Kesavarapu Subba reddy and Ramalinga Reddy. (XII) 19-8-1967 Registered Partition deed executed by Vemuri subbaramaiah in favour of Mobbireddy Nara Reddy. (XIII) 6-11-1968 Registered Sale Deed executed by Kesavarapu Ramalinga reddy in favour of Bapireddy Venkata Reddy. (XIV) 6-11-1968 Registered sale deed executed by Kalahasthi Venkata krishna Reddy in favour of Rachagolla Venkateswarlu. (XV) 6-11-1968 Registered Sale Deed executed by Kesavarapu Ramalinga reddy in favour of Jangili Venkateswarlu. (XVI) 6-11-1968 Registered Sale deed executed by Kesavarapu Ramalinga reddy in favour of Adigopula Rajagopal. (XVII) 6-11-1968 Registered Sale deed executed by Kesavarapu Ramilinga reddy in favour of Adigopula Venkata Subbamma. (XVIII) 14-7-1976 Registered sale deed executed by Alia Varada Reddy in favour of Ulchi Nanda Kum






























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