Point of Law- Section 11 (a) of the Act it is clear that every ryot who claims for grant of ryotwari patta under Section 11 (a) of the Act has to fulfill the following requirements.
(i) the land claimed as patta land has been in his or her predecessors continuous occupation and possession prior to 01.07.1945 till the notified date of the estate;
(ii) the land is ryoti;
(iii) the claimant is ryoti;
(iv) details regarding pre-abolition records

ORDER :

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue a Writ of Mandamus, declaring the inaction of 2nd respondent/District Collector, Chittoor in granting Ryotwari Patta as per the orders issued by the Government in G.O.Ms.No.298 Revenue (JA), Department, 28.04.2001 confirmed vide Govt. Memo No.4442/JA.2/2002, dated 16.05.2014 read with Govt. Memo No.4442/EA & AR (JA.2)/2002, dated 15.03.2018, as arbitrary, discriminatory, illegal and contrary to law and consequently direct 2nd respondent to forthwith grant Ryotwari Patta to the petitioner in respect of land to an extent of Ac.4.74 cents in Sy.Nos.84/6; 85/1 and 86/1 i.e., for an extent of Ac.0.62 cents; Ac.3.16 cents and Ac.0.96 cents respectively, situated in Akkarampalli Village Accounts, Tirupathi Urban Mandal, Chittoor District, as per the orders issued by the Respondent No.1/Government in G.O.Ms.No.298, Revenue (JA) Department, dated 28.04.2001 confirmed vide Govt. Memo No.4442/JA.2/2002, dated 16.05.2014 read with Govt. Memo No.4442/EA & AR (JA.2)/2002, dated 15.03.2018 and further direct 4th Respondent to mutate the name of petitioner in revenue records and granting Pattadar Pass Book and Title Deeds in respect of the said land and with all other consequential benefits and pass such other order.”

2. The case of petitioner in brief is that, the petitioner is resident of Akkarampalli, which is an Inam village, notified and taken over by the Government in the year 1961, under the provisions of The Andhra Pradesh (Andhra Area) Estates (Abolition &Conversion into Ryotwari) Act, 1948 which will herein after be called as (the Act). The petitioner along with his mother Kanchi Venkata Subbamma and his elder brother Kanchi Muni Krishna Reddy filed claim petition for grant of Ryotwari Patta for an extent of Ac.6.86 cents under proviso to Section 11 of the said Act 26/1948. The Principal Secretary to Government, the 1st respondent, who has inspected the said land found that an extent of Ac.4.74 cents is vacant and the remaining land is under occupation by third parties and therefore, the 1st respondent issued orders in G.O.Ms.No.298, Rev.(JA) Dept., dated 28.04.2021, in exercise of the powers under the proviso to Section 11 of the (Act of 1948), according permission to respondent No.2/District Collector, Chittoor, to grant Ryotwari Patta, in favour of claimants, for the said extent of Ac.4.74 cents of land in Sy.Nos.84/6, 85/1 and 86/1. The operative portion of the said G.O.Ms.No.298, dated 28.04.2001 reads as under:

“11. In the circumstances stated in the foregoing paras, the Government hereby accord permission to allot Ryotwari Patta to an extent of land Ac.4.74 cents in Sy.Nos.84/6, 85/1 and 86/1 i.e., Ac.0.62 cents, Ac.3.16 cents and Ac.0.96 cents respectively, situated in Akkarampalli Village, Chandragiri Taluk, Tirupathi (Urban) Mandal, Chittoor District under the proviso of Sec.11 of Subbamma, Sri K.Muni Krishna Reddy and Sri K.Lokanandha Reddy, residents of Akkarampalli village.

12. The Collector, Chittoor is requested to take action accordingly.”

3. The 2nd respondent/District Collector, Chittoor appears to have mislead 1st respondent/Government to keep in abeyance, the said orders issued in G.O.Ms.No.298, dated 28.04.2001, till disposal of W.P.No.4393 of 1998 filed by the petitioner along with his mother and elder brother. Unfortunately, the Government vide Memo No.4442/JA.2/2002-5, dated 27.02.2003, kept in abeyance, the said orders issued in G.O.Ms.No.298, dated 28.04.2020 till disposal of W.P.No.4293 of 1998.

4. This Court by Judgment, dated 07.08.2007 allowed W.P.No.4293 of 1998 and set aside Govt. Memo No.247/JA.2/81- 2, dated 27.01.1998 and directed the Government to pass speaking orders in the Revision Petition filed by them.

Unfortunately, the Government did not comply with the said order, dated 07.08.2007 and kept the matter pending. Thereupon, the petitioner, his mother and his elder brother filed