SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(AP) 851

2008 (6) ALD 788 (DB)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
Mrs. T. MEENA KUMARI, P.V. SANJAY KUMAR, JJ.
Mandal Revenue Officer, Visakhapatnam (Rural), Visakhapatnam – Appellant
Vs.
Kanchubriki Parvathamma and others – Respondent
W A Nos.914 and 958 of 2002
Decided on:- 30.09. 2008

Advocates:
ADVOCATE APPEARED:
Government Pleader for Revenue, Counsel for the Appellants in both the Cases; C. Kodondo Ram, Counsel for the Respondent Nos.1 to 3 in both the Cases;
Government Pleader for Land Acquisition, Counsel for the Respondent No.4 in WA No.914 of 2002

Headnote:AP (AA) Estate (Abolition and Conversion into Ryotwari) Act 1948 Section 11 (a):- The writ petition for directing the authorities to issue mutation proceedings on the basis of rough pattas issued by the Settlement Officer on the basis of old records is allowed rejecting the pleas of the respondent authorities regarding the genuineness of the rough pattas because authorities themselves admitted genuineness of rough patta under which petitioners claim subject land and Petitioners were paid land acquisition compensation in respect of other land in these survey numbers when same was acquired for public purpose The rules framed under Section 67 of the Act recognizes the old practice of issuing rough pattas

P.V. SANJAY KUMAR, J ;- These two writ appeals arise out of the common order dated 4th January, 2002 passed by a learned Judge of this Court in W.P. Nos.22862 of 2001 and 4038 of 2000.

2. Writ Appeal No.914 of 2002 is filed by the Mandal Revenue Officer, Visakhapatnam (Rural), Visakhapatnam, the petitioner in W.P. No.22862 of 2001, while Writ Appeal No.958 of 2002 is filed by the Joint Collector and Settlement Officer, Visakhapatnam, and the Mandal Revenue Officer (Rural), Visakhapatnam-the respondents in W.P. No.4038 of 2000. The petitioners in W.P. No.4038 of 2000, being the Respondents 1 to 3 in W.P. No.22862 of 2001, are the respondents before us in both the appeals. In addition, the Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, Respondent No.4 in W.P. No.22862 of 2001 is arrayed as Respondent No.4 in W.A. No.914 of 2002.

3. By the common order dated 4th January, 2002, the learned Judge allowed 224 W.P. NoA038 of 2000, directing the respondents therein to mutate the names of the writ petitioners in the Revenue records, giving effect to the patta granted to their ancestors in the year 1959 and dismissed W.P. No.22862 of 2001 filed by the authorities challenging the order of the Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, in proceedings No.P1/1681/2000, dated 10.5.2001, being an order passed in connection with the same patta..

4. Heard the learned Government Pleader for the Appellant(s) and Sri C. Kodandaram, Counsel for the respondents 1 to 3 in both the writ appeals.

5. Firstly, we propose to take up W A No.958 of 2000 arising out of W.P. NoA038 of 2000. The case of the Respondents 1 to 3, being the petitioners in the said writ petition, was that they are the absolute owners of the land admeasuring AcA-28 cents covered by R.S. Nos.140/4 to 140/12 of Chinagadila Village, Visakhapatnam (Rural), Visakhapatnam, claiming title and ownership under Patta No.85. The said land is said to have been carved out of old Sy.No.20 of Chinagadila Village, which was assigned by the erstwhile Rajah of Vizianagaram during the years 1911 to 1913. It is their case that their common ancestors, viz., Kanchurbariki Pothi alias Muthigadu and others were inducted into possession of the said lands under the said orders of assignment.

6. As no patta was initially communicated to them, they filed an application under Section 11 (a) of the Andhra Pradesh (Andhra Area) Estate (Abolition and Conversion into Ryotwari) Act, 1948 (for short 'the Act') for grant of ryotwari patta. It is stated that in the course of the Section 11 (a) proceedings, it was revealed that the patta in respect of the subject lands was granted to their ancestors long ago and accordingly they, having obtained certified copies of the same, applied for withdrawal of their petition under Section 11(a) of the Act. In this regard, they have also stated that the Joint Collector and Settlement Officer, Visakhapatnam, passed a detailed order dated 30.10.1999 holding that the patta was validly granted in their favour long ago and that they were in possession of the subject property.

7. Whether the findings in the said order dated 30.10.1999 would enure to their benefit, in view of the fact that the said order culminated in the withdrawal of the petition under Section 11(a) of the Act, will be dealt with separately hereinafter.

8. Continuing with the narration of the facts as reflected in the respondents 1 to 3/writ petitioners' affidavit, it is stated that thereafter they made several applications, being applications dated 10.11.1997,6.9.1999, 5.1.2000 and 14.1.2000 to the Mandal Revenue Officer, Visakhapatnam (Rural), seeking mutation of their names in the Revenue records. It is their complaint that in spite of the voluminous evidence, including the Patta No.85 granted in their favour, establishing their title and possession, the Mandal Revenue Officer, Visakhapatnam (Rura






























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top