Ghulam Mohammed

1. The subject matter of dispute in these three writ appeals and writ petition relates to the land situate in an extent of Ac.23-83 cents in Sy.No.46 of Akkarampalle Village, Chandragiri Taluk, locally called as ‘PoolavaniguntaCheruvu’, for short, ‘the subject land’.

2. WA No.1802 of 2005 is filed by the Government of AP represented by the Principal Secretary, Revenue (JA) Department, Hyderabad, and two other officers questioning the order dated 8-8-2005 passed in WP No.22656 of 2002. WA No.1817 of 2005 is filed by the Mandal Revenue Officer, Tirupati (Urban) Mandal, Tirupati, questioning the order dated 8-8-2005 passed in WP No.22868 of 2002.

3. WA No.731 of 2006 is filed by the 3rd party appellant, who is not a party in the writ petition, with the leave of the Court, questioning the order dated 8-8-2005 passed in WP No.22868 of 2002. The appellant in this writ appeal claims that the subject land is an inam land and in the year 1883 there was an enquiry by the Inam Commissioner and after enquiry a title deed, being deed no.2946 has been granted in the names of the then inamdars Aparokham Nayayana Char and two others and the subject land has been in continuous and uninterrupted possession of the family of the said inamdars from generations to generations and at present the appellant-Aparoksham Satyanarayana Char is in physical possession and enjoyment of the subject land through his tenants.

4. In all these writ appeals the common order dated 8-8-2005 passed in WP Nos.22656 & 22868 of 2002 by the learned single Judge of this Court is assailed.

5. The petitioners in WP No.8346 of 2000, which is tagged on with the writ appeals, claims to be purchasers of the subject land from one P.Gopal Reddy and others on 10-9-1985. According to them, possession of the land was delivered and they are in possession of the land. They filed the writ petition seeking direction to the respondents i.e. the District Collector, Chittoor and MRO, Tirupathi (Urban) to treat the subject land as patta land and not to interfere with their possession over the subject land. Since the subject matter in the writ appeals and the writ petition is same and interconnected, they are heard and being disposed of by common judgment.

6. Akkrampalle Village, Chandragiri Taluq was declared as Inam Estate and taken over by the Government on 7-1-1959 under the provisions of the AP (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, for short, ‘the Estates Abolition Act’. It is stated that originally one Tirupathi Doraswami Iyengar was owning Ac.23-83 cents of land in RS No.46, which is the subject land, and other lands as pattedar. That one P.Munuswamy Reddy as the member of joint family consisting of himself and his brother P.Ramakrishna Reddy purchased the subject land under registered sale deed dated 14-7-1930 executed by the said Tirupathi Doraswami Iyengar.

7. P. Gopala Reddy was the claimant before the Settlement Officer, and he is the son of P. Ramakrishna Reddy. The said P. Gopala Reddy is 1st respondent in WA No.1802 of 2005 and 4th respondent in WA No.1817 of 2005 and 5th respondent in WA 731 of 2006. He filed an application for grant of ryotwari patta in respect of the subject land under Section 11 (a) of the Estates Abolition Act. The Settlement Officer took the application on file as SR No.65/11(a)/1981, CGR and noticed the concerned officer i.e. Tahsildar, Chandragiri. The Tahsildar, having received notices contested the matter. To prove his claim, the said P. Gopala Reddy examined himself as PW-1 and the children of deceased P. Munaswamy Reddy as PWs.2 to 4. The Settlement Officer by order dated 25-10-1982 allowed the claim petition. The operative portion of the order reads:-

“Under the aforesaid circumstances, I feel that the suit lands are cultivable lands from times immemorial and PW-2’s father was inducted into possession of the suit lands before 1-9-1945, under Ex.P-1 and suit lands are the patta lands