The Commissioner, Survey, Settlement & Land Records, A. P. , Hyderabad vs Indupuru Raghava Reddy

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2011 Supreme(AP) 1016

High Court of Andhra Pradesh
THE HONOURABLE MR. JUSTICE V.V.S. RAO & THE HONOURABLE MR. JUSTICE K.G. SHANKAR
The Commissioner, Survey, Settlement & Land Records, A.P., Hyderabad & Others
Versus
Indupuru Raghava Reddy & Others
WRIT APPEAL No. 631 OF 2004
Decided on : 18-11-2011

Act Referred

ANDHRA PRADESH ANDHRA AREAS INAMS ABOLITION AND CONVERSION INTO RYOTWARI ACT : S.4, S.7, S.2(a)
ESTATE DUTY ACT : S.3(16)

Headnote

A) A.P. (A.A.) INAMS (ABOLITION AND CONVERSION INTO RYOTW ARI) ACT, 1956, Sections 2-A (inserted by A.P. Act No.20 of 1975 w.e.f. 20-6-1975), 4 and 7:- Where the lands in question is classified as waste land in the revenue record even if they may be cultivated in future by spending some time and money, it automatically vested with the Government by virtue of Section 2-A and the contention of the respondent that rytwori patta can be granted to the them notwithstanding the admitted position that it is waste land is rejected and the order of Single Judge is set aside. (2003) 8 SCC 413 and (2004) 1 SCC 497 - Relied on., 1997 (2) An.W.R. 112 (D.B.) - Followed. (Para 45)

B) A.P. (A.A.) INAMS (ABOLITION AND CONVERSION INTO RYOTW ARI) ACT, 1956:- History of the legislation is narrated and discussed. (Paras 10 to 15)

C) INTERPRETATION OF STATUTES:- Where plaint reading of the provisions of a statute leads to absurd consequences, the court may adopted look into the context in which the words were used and interprete in a way that is consonance with the purpose or intention of the legislature in enacting the statute. This is called the golden rule or purposive or harmonious interpretation of statues. (Para 29)

Advocates appeared:
For the Appellants: Government Pleader for Revenue (AA).
For the Respondents:M. Ravindranath Reddy, Advocate.

Judgment :

The Commissioner, Survey, Settlement and Land Records, Government of Andhra Pradesh and two others are the appellants in this appeal filed against the order dated 10.06.2003 of the learned single Judge setting aside the order of the Commissioner who had confirmed the orders passed by the Revenue Divisional Officer (RDO) and Inams Special Deputy Tahsildar (SDT, for brevity). The core issue in this appeal is whether the respondents’ claim for grant of patta in respect of waste land admeasuring Acs.44.68 (hereafter, petition schedule land) under Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (the Inams Act, for brevity) was validly rejected by the competent authority on the ground that it is a waste land which stood transferred and vested in the Government under Section 2-A of the Inams Act. For the sake of convenience, we refer to the parties as in the writ petition.

Background

2. Jadagogula Agraharam, Hamlet of Juvvaladinne Village with an extent of Acs.812.33 in survey No.321/B is inam village. The petitioners claim that their grandfather purchased Acs.111.52 under registered sale deed dated 25.11.1938 from the original inamdars. Again on 18.12.1938, another extent of Acs.302.67 was purchased. In a subsequent family partition, father of the petitioner got Acs.133.60 towards his share and statedly their mother purchased another extent of Acs.44.66 under sale deed, dated 14.06.1971. The petitioners claim that the total extent of Acs.178.43¾ is in their possession where they were raising crops.

3. The Inams Act came into force on 14.12.1956. The authorities completed formalities and took over the inam village by 1977. In the meanwhile, the State of Andhra Pradesh inserted Section 2-A in the Act by A.P.Amendment Act No.2 of 1975 with effect from 20.06.1975. The SDT then passed orders declaring Acs.727.32, out of an extent of Acs.812.32 as coming within the purview of Section 2-A and that it stands vested in the Government. The petitioner then filed appeal. The RDO allowed the appeal on 09.07.1978 and remanded the matter to SDT for fresh enquiry after giving an opportunity to the petitioners. In the meanwhile, the petitioners filed W.P.No.1820 of 1978 questioning the validity of Section 2-A of the Act which was dismissed on 23.12.1983. The matter was carried in appeal to Supreme Court. The civil appeal was dismissed on 03.01.1997.

4. After remand by the RDO, the SDT conducted enquiry and passed orders on 15.05.1989 declaring that an extent of Acs.533.11 shall vest in the Government under Section 2-A. Insofar as the land admeasuring Acs.88.68 in survey No.1298 is concerned, the SDT held that half of it admeasuring Acs.44.68 in survey No.1298 being waste land shall vest in the Government. The petitioners again filed appeal before the RDO claiming ryotwari patta. Even while the appeal was pending, the SDT by order dated 06.11.1990, granted patta only to an extent of Acs.44.00. The patta for the waste land was denied. The RDO also dismissed appeal on the same day. It appears some time thereafter the waste land admeasuring Acs.44.68 was assigned to persons belonging to weaker sections.

5. The petitioners filed revision under Section 14-A of the Inams Act before the Commissioner against the order of the RDO dated 06.11.1990. The revision was dismissed on 14.09.1992. Aggrieved by which, the petitioners filed W.P.No.15473 of 1992. The learned single Judge allowed the writ petition setting aside the order of the Commissioner, declared that the petitioners are entitled for grant of ryotwari patta in respect of entire extent of land and directed them to approach the concerned authority for grant of patta.

Submissions

6. The Assistant Government Pleader for Revenue (General) submits that the original authority, the appellate authority and the revisional authority consistently came to the conclusion that lands claimed by the petitioners being waste lands vest in the Government, and therefore, a