When a gazette notification is issued declaring the classification of land, and a subsequent decision is made by a lower authority that is inconsistent with the notification, the matter requires reconsideration by a higher authority in light of all the relevant documents and legal issues involved.

JUDGMENT

C. Praveen Kumar, J. - Aggrieved by the order passed by the learned Single Judge in W.P.No.19087 of 2005, dated 27.01.2011, the District Collector, Chittoor, preferred the present Writ Appeal under Clause 15 of Letters Patent Act.

2. The facts, which lead to filing of the Writ Appeal, are as under :

i) The Tiruchanur Village in Tirupati Rural Mandal was declared as a minor inam village under the provisions of Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (hereinafter called as, 'Inams Abolition Act, 1956'). Pursuant thereto, the lands in the inam village stand vested with the Government, free from encumbrances, except in respect of lands in which the inamdars are entitled for a patta. The Inam Deputy Tahsildar, Srikalahasthi, took up suo motu enquiry of regularization of inam lands in Tiruchanur Village, covered under title deed No.464 under the Inams Abolition Act, 1956 and accordingly issued notice under Section 3(1) of the said Act, to find out as to (1) whether the lands are inam lands or ryotwari lands; (2) whether the said lands are located in inam village or ryotwari village and also as to (3) whether the said lands are held by any institution. After due enquiry, an order came to be passed under Sub-Section (3) of Section 3 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956, declaring the lands as (i)inam lands, (ii) are in an Inam Village, and (iii) are held by an institution. The said decision was published in Chittoor District gazette extraordinary, dated 24.03.1963. In the gazette, the ryoti lands covered under paimoish numbers were not notified as the rights on covered land vest with the government. Further, in pre-abolition records, such as No.2 Adangal, for the Fasli 1361, 1362, 1372, Fair Land Register, Rough Fair Adangal, Correlation Register, the said Paimash No.1115, which was described as poramboke land was noted as 'Kotramangalam Kalva'.

ii) After the amendment to A.P. Inams (Abolition and Conversion into Ryotwari) Act, 1956, Section 2A came to be introduced notifying the communal porambokes. After completion of Survey and Settlement Operations by the Survey Department, the Inams Deputy Tahsildar, Chittoor suo motu conducted enquiry under Section 3(1) of the said Act and passed an order under Section 3(3) declaring lands as imams lands located in Tiruchanur Inam Village and that the lands not held by institution and the communal lands was brought under Section 2A of the Act. This decision of Inams Deputy Tahsildar was got published in Chittoor District Gazette Extraordinary No.09, dated 03.09.1984, in which the subject land was notified as 'Kalava Poramboke'. It appears that the gazette notification, wherein the subject lands were notified as "Kalava Poramboke', was never challenged and the same has attained finality.

iii) During verification of the records and the inspections conducted by the Task Force it has come to light that the lands which were classified as 'Kalava Poramboke' in Sy.No.378/2, ryotwari pattas were granted by the Inams Deputy Tahsildar under Section 7 (1) of Inams Abolition Act, treating the lands as inam lands. The enquiry by the task force revealed that the very same Inams Deputy Tahsildar, who rendered decision declaring the land in Sy.No.378/2, an extent of Ac.4.50 cents of land in Tiruchanur Village as 'Kalava Poramboke', took up an enquiry under Section 3(1) of the Inams Abolition Act and declared the land as Inam Dry and the decision under Section 3(3) of the Act was published in Chittoor District Gazette Extraordinary, dated 09.08.1985.

iv) The dispute now relates to land in Sy.No.378/2 of Tiruchanur Village admeasuring Ac.6.47 cents which correlates to paimash No.1115. Being satisfied with the documentary evidence filed by the applicants, Inam Deputy Tahsildar, Chittoor issued ryotwari patta in respect of land admeasuring Ac.4.50 cents in Sy.No.378/2 part, west of Tiruchanur Village under Section 4 of the Inams Abo