Point of Law: Acquisition of land - in terms of Section 15(1) of the said Act, such objection should necessarily be filed within sixty (60) days from the date of publication of the preliminary notification.

ORDER :

The petitioner has sought the relief in this writ petition as under :

“To issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents 2 and 3 in interfering with the peaceful possession and enjoyment in Rs.No.297 of Ac.8.85 cents situated in the village of Kunchanapalli of Tadepalligudem Mandal, West Godavari District, as illegal, arbitrary and violative of Principles of Natural Justice and consequently directing the respondents not to interfere with the enjoyment in Rs No.297 of Ac.8.85 cents situated in the village of Kunchanapalli of Tadepalligudem Mandal, West Godavari District.”

2. The petitioner is a resident of Tadepalligudem, West Godavari District. She is a senior citizen, who is described in the affidavit filed in support of this petition, being 80 years old.

3. As seen from the prayer referred to above in the writ petition, the cause raised by her is in respect of Ac.8.85 cents in Kunchanapalli village in R.S.No.297 of Tadepalligudem, West Godavari District.

4. Kunchanapalli village was an Inam (Estate) village. Total extent of the land in this village under the Estate was Ac.2833.13 cents including Poramboke lands in an extent of Ac.322.48 cents while Zeroythi land out of it is Ac.2508.65 cents. As per Andhra Pradesh Estate (Abolition and Conversion into Ryotwari), Act, 1948, the nature of this village was settled in the year 1957 itself and thus, this Inam Estate was taken over by the Government on 28.10.1964.

5. R.S.No.297 is stated to be a part of Tank Poramboke and this Tank is locally known as ‘Kadiyapu Cheruvu’, which is an irrigation Tank under the control of Public Works Department, as per the version of the fourth respondent – Tahsildar of Tadepalligudem in the counter.

6. The petitioner is claiming that this extent of Ac.8.85 cents belonged to her, which she has been in possession and enjoyment for a long period. This extent was sold to her by one Sri Elisetty Apparao under an agreement for sale on 04.10.1964. It was registered in the name of the petitioner under registered sale document No.910 of 1969 executed by Sri Elisetty Apparao. Sri K.Satyanarayana, was Mokhasadar of this Inam village Kunchanapalli. He sold Ac.8.85 cts now claimed by the petitioner on 24.02.1941 to the vendor of the petitioner under a registered deed, conveying only leasehold rights.

7. A suo moto enquiry in terms of Section 3 of A.P. (A.A.) Inams (Abolition & Conversion Into Ryotwari) Act, 1956, was conducted by the Settlement Officer, Eluru, in respect of this land and by his order dated 31.08.1976 held that the petitioner cannot be given a ryotwari patta under Section 15 of the said Act. The petitioner did not file any application for a ryotwari patta under this Act.

8. The petitioner preferred an appeal to the appellate Tribunal under the Act in Appeal No.15 of 1976 for setting aside the afore stated order of the Settlement Officer, Eluru. However, this appeal was dismissed.

9. The decision of the appellate authority was subject matter of Writ Petition No.2592 of 1979 before the then High Court of Andhra Pradesh, at Hyderabad. On the ground that the petitioner was not offered an opportunity in respect of nature and character of this land in the appeal and holding that she was not aware of the character of this land being decided in suo moto proceedings, the finding so recorded by the appellate tribunal was set aside.

10. The question in all these proceedings from the Settlement Officer, Eluru up to the High Court was in relation to correlating old Survey No.99 to RS No.297, or if it related to old Survey No.45. The extent of the entire Tank Bed of Kadiyapu cheruvu is Ac.106.65 cents. The appellate authority recorded a finding that RS No.297 correlated to old Survey No.99 and not to old Survey No.45 and the Settlement Officer did not record a finding as to character of this land. In the order in W.P.No.2592 of 1979 dated 21.02.1984, there is discus