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2017 Supreme(AP) 278

IN THE HIGH COURT OF JUDICATURE AT HYDERBAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADERSH
A. RAMALINGESWARA RAO, J.
The State of Andhra Pradesh, Rep. by its District Collector, Chittoor - Petitioner
Versus
The Estate Abolition Tribunal, Chittoor, (District Judge, Chittoor), And others - Respondents
WRIT PETITION No. 18806 of 2003
Decided On : 17-07-2017

Advocates Appeared:
For the Respondents: Sri S.V. Sundararajan

Important Point—No relief can be given on a grossly delayed Writ Petition.

Headnote:Constitution of India—Article 226—Grant of Patta—Correspondence file shows protest of local villagers for granting patta to this land on ground that water is being used by villagers from tank—Writ Petition appears to have been filed only to secure approval from this Court for irregularities already committed—Facts of this case clearly show urgent need for Government to think over issue relating to protection of lands rightly belonging to Government—Writ petition shows sorry state of affairs in conduct of Government cases by officers and Law Officer engaged by Government—Record made available in instant case shows that decree in Civil Court was available in files of Government but no steps were taken to file an appeal, nor order of Appellate Tribunal challenged till seven years after decreeing suit—Writ petition was filed after sixteen years of dismissal of appeal by Tribunal and it is not known whether any action was taken against Officers responsible for enormous delay—In view of decree in O.S.No.102 of 1985 becoming final and in view of enormous delay, writ petition dismissed.

       Result—Writ Petition dismissed.

ORDER :

1. Heard learned Government Pleader for the petitioner and the learned Counsel for respondent Nos.2 to 5.

2. This is the story of a tank killed by the system. An avaricious person claimed it as his own. The then Tahsildar assented by non contest. The Settlement Officer, notorious for his misdeeds granted patta to the person. The Appellate Tribunal confirmed. The tank was thus killed and the killers brought it before this Court as saviours. The legal luminaries embalmed it. The story unfolds like this.

3. As per the affidavit filed by the petitioner, the land admeasuring Acs.12.20 cents situated in Survey No.2/2 of Kasiraopeta Village, Madanapalle Revenue Mandal, Chittoor District, was registered in the revenue records as tank poramboke and after survey and settlement it was entered in the columns of SLR as Eguvacheruvu (Tank). The estate was notified, abolished and taken over by the Government on 26.07.1961. The third respondent filed an application before the Settlement Officer for grant of patta on 12.10.1961. The said application was dismissed and challenging the said order, the third respondent filed W.P.No.2376 of 1971, and this Court, by order dated 21.09.1973, directed the Settlement Officer to enquire into the claim of the third respondent for Acs.5.00. Pursuant to the said order of this Court, the Settlement Officer enquired into the matter and granted patta in favour of respondent Nos.3 to 5 for Acs.12.20 cents. When an appeal was preferred before the first respondent, it was confirmed. Challenging the same, the present Writ Petition was filed.

4. This Court, by order dated 04.09.2003, granted status quo, and the said order has been continuing till today.

5. During the pendency of the Writ Petition, the second respondent died and respondent Nos.6 to 11 are brought on record in W.P.M.P.No.21602 of 2013.

6. A counter affidavit was filed on behalf of respondent Nos.2 to 5 stating that the land in question was formerly part of Kasiraopeta Village, which was an inam estate and taken over by the Government on 26.07.1961 under the provisions of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, the Estates Abolition Act). It was further stated that the father of the second respondent was the purchaser of the land covered by survey numbers other than Survey No.2, he was granted patta way back in 1919 and those orders have become final. The land in Survey No.2 comprises of an extent of 12.20 cents and when enquiry was not finalized, they were constrained to file W.P.No.2376 of 1971 for conducting enquiry. The said Writ Petition was disposed of on 21.09.1973. The Settlement Officer, Nellore, held an enquiry and passed an order granting patta in respect of Acs.12.20 cents of land situated in Survey No.2. The second respondent claims to have purchased the share of others also. Thus, he became owner of entire extent of land leaving the extent belonging to Polepallivari Annadana Satram. The grant of patta was confirmed by the Estates Abolition Tribunal in A.S.No.1 of 1981 on 13.03.1984. Under the said proceedings, the land in Survey No.2 was treated as patta land and not as a tank poramboke, as alleged. The second respondent stated that he was in continuous possession and enjoyment of the same without any interference from anyone. When the second respondent along with the third respondent filed O.S.No.764 of 1972 on the file of the District Munsif, Madanapalle, for perpetual injunction restraining the villagers from interfering with the possession and enjoyment of all the lands, the same ended in compromise in view of the admission of title of respondent Nos.2 to 5 by the villagers. The second respondent also stated that he filed O.S.No.102 of 1985 on the file of the learned Subordinate Judge, Madanapalle, seeking declaration of title and permanent injunction restraining the defendants therein from interfering with their possession and enjoyment of the land in Survey No.2. The




















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