High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE L. NARASIMHA REDDY
Gaddam Madusudhan Reddy
Versus
Chief Commissioner of Land Administration
Writ Petition Nos.21632 of 2008, 11258/2008, 17099& 19171 of 2006
DECIDED ON : 26-11-2008
Land Acquisition Act - Section 9 - Agricultural Holdings Act, 1973 - Pass Books Act, 1971 - Inams Act - Section 3- In the course of determining the method of handing over Effected lands to Irrigation Department, Joint Collector 3rd respondent herein felt that no compensation need be paid for land in Sy. No. l. - When petitioners insisted on payment of compensation he directed Sub-Collector 4th respondent to cancel pattas of petitioners over said land on ground that entire land in Sy. No. l is Inam - Petitioners submitted explanation stating inter ali that land was ever treated or recognized as Inam and that they are enjoying the property for last several decades on basis of sale deeds - This did not weigh with 3rd respondent and through his order dated he cancelled the pattas of the petitioners - The said order is challenged in these two writ petitions - Petitioners contend that there is nothing on record to disclose that land in Sy. No. l was notified or that any proceedings were initiated under the said enactment - They contend that, out of utter prejudice against the petitioners 3rd respondent had issued the orders in violation of relevant provisions of law and all norms of adjudication –Held, powers are conferred on certain authorities to enable them to verify whether any serious defect has crept in to the proceedings, under the relevant enactments - Time and again this Court held that suo motu powers have to be exercised within a reasonable time and rights and obligations which have crystallized over a long period of time cannot be unsettled by having recourse to suo motu powers - Petitioners did not possess corresponding rights before they were issued the pattadar passbooks - Further, it was more than a decade ago that the passbooks were issued and few decades earlier thereto petitioners or their predecessors-in-title have acquired rights vis-a-vis the land - Rights, which have such a solid legal and factual foundation cannot be subject-matter of a whimsical exercise of power by 3rd respondent - That report was treated as basis for exercise of suo motu powers - It is an instance of misuse of statutory provisions - 3rd respondent has treated Section 9 of the Act as a platform to translate his personal opinions and dislikes into reality - Allegations of petitioners that the officer, holding the post of Joint Collector had thrown an open challenge that he would ensure that no compensation would be paid to the petitioners gains acceptability - Viewed from any angle impugned orders cannot be sustained in law - Writ petitions are accordingly allowed.
The ancestors or predecessors-in-title of the petitioners, as the case may be, have acquired the entire land in Survey No. l of Oduru Village, Nellore District, admeasuring Acs. 452. 30 cents, through purchases, that took place in the years 1935, 1944 and 1956, from the previous owners. Their rights and title over the land were recognized throughout, and the lands were shown in favour of the petitioners in the declarations filed under the A. P. Ceiling on Agricultural Holdings Act, 1973. Consequent upon the enactment of the A. P. Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act'), pattadar pass books were also issued to the petitioners, sometime in the year 1981. This was followed by issuance of title deeds, under that Act.
2. One of the canals of Telugu Ganga Project is planned to pass through Oduru Village. An extent of Acs. 5. 00 of land in Survey No. l was affected. In the course of determining the method of handing over the Effected lands to the Irrigation Department, the Joint Collector, Nellore, the 3rd respondent herein, felt that no compensation need be paid for the land in Sy. No. l. When petitioners insisted on payment of compensation, he directed the Sub-Collector, Gudur, the 4th respondent, to cancel the pattas of the petitioners over the said land, on the ground that the entire land in Sy. No. l is Inam. The 4th respondent obediently submitted a report, staling that no ryotwari pattas were granted, in favour of the petitioners, in respect of the land in Sy. No. l, under the A. P. (A. A.) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short 'the Inams Act'), and prayed for necessary action. The 2nd respondent initiated suo motu proceedings under Section 9 of the Act, and issued notice to the petitioners.
3. The petitioners submitted explanation stating, inter alia, that the land was ever treated or recognized as Inam, and that they are enjoying the property for the last several decades, on the basis of sale deeds. This did not weigh with the 3rd respondent and through his order, dated 3. 1. 2008, he cancelled the pattas of the petitioners. The said order is challenged in these two writ petitions.
4. The petitioners contend that there is nothing on record to disclose that the land in Sy. No. l was notified under Section 3 of the Inams Act, or that any proceedings were initiated under the said enactment. They contend that, out of utter prejudice against the petitioners, the 3rd respondent had issued the orders, in violation of the relevant provisions of law, and all norms of adjudication.
5. On behalf of respondents, a counter-affidavit is filed. Virtually, the contents of the impugned order are reproduced, and it is stated that the land was classified as 'garbhakandrika', which invariably means that, it is Government land. It is stated that the prescribed procedure was strictly followed and the pattas, that were granted to the petitioners, contrary to the provisions of law; were cancelled.
6. Sri P. Krishna Reddy, learned Counsel for the petitioners, submits that the land was never notified under Section 3 of the Inams Act, and if there is any violation of the provisions of the same, it is for the authorities constituted under it, to take necessary steps. He contends that the very initiation of the proceedings is untenable, inasmuch as it is the 3rd respondent, who directed the 4th respondent to cancel the pattas, and the latter, in turn, submitted proposals for cancellation of pattas, suo motu.
7. Learned Government Pleader for Revenue, on the other hand, submits that the classification of the land is clear and unambiguous, and it clearly indicates that it is Government land. It is also stated that every contention, put forward by the petitioners herein, was dealt with, in detail, by the 3rd respondent, and the impugned order does not warrant any interference.
8. A joint inspection of the lands in Oduru Village, for the purpose of fixing the alignment of a branch
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