ORDER:

Heard the learned counsel for the petitioner; the Government Pleader for Endowments for the respondent Nos.1 and 2; and the standing counsel for the respondent No.3.

2. This writ petition is filed questioning the Memo No.17032/ENDTS.II (1)/2015 dated 12.03.2018 of the respondent No.1 issuing show cause notice for cancellation of the order in G.O.Ms.No.275 Revenue II (Department) dated 29.03.1993 and direction to submit an explanation/representation of the petitioner within a period of 15 days from the date of receipt of the said proceedings.

3. The counsel for the petitioner submits that the land in Survey No.275/F in an extent of Ac.7-04 cents of Adavivaram Village, Visakhapatnam Rural Mandal, Visakhapatnam District was once part of the Vizianagaram Samstan (Estate) and had been notified under the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 and the Inamdar in relation thereto was the respondent No.3-S.V.L.N.S.V.Devasthanam in whose favour a ryotwari patta has been granted by the then Mandal Revenue Officer, Visakhapatnam, dated 14.08.1996. The said order dated 14.08.1996 reads as under:

“On Smt.Maridu Jaya Satyavathi filed a petition for grant of ryotwari patta in S.No.275/F for an extent of Ac.7-04 before the Mandal Revneue Officer, Visakhapatnam (Rural) stating that her late husband was granted patta by the Estate Collector for Vizianagaram vide patta No.243. The then Mandal Revenue Officer in his 3(3) Order AIAC 8/77 dated 25.5.1987 held over this extent. She has claimed for a ryotwari under Section 7A of the I.A.Act for the above extent.”

4. In the statutory enquiry under Section 3(3) of the Inams Abolition Act, the Mandal Revenue Officer, Visakhapatnam recognised the right of the petitioner over the land in question inasmuch as the petitioner’s husband Venkanna Dora had been lawfully inducted with permanent occupancy rights vide patta No.243, dated 10.07.1942 by the then Collector, Vizianagaram District. The same was reflected in the order dated 10.07.1989 passed under Section 3(3) of the above said statute. It had been taken note of therein that the Collector of the Vizianagaram District had issued Patta No.243 in D.Dis.No.1895 dated 10.07.1942. Section 8(1) of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 reads as under:

“8. Right of Permanent Occupancy to tenants in imams lands held by Institutions in Inam Villages:

(1) In the case of an inam land held by an institution in an inam village the tenant who is declared to be in occupation of the inam land on the 7th January, 1948, under Section 5, or if there is no such tenant, the tenant in occupation of the land on the date of commencement of this Act, shall have a right of permanent occupancy in that land and the said right shall be heritable and shall be transferable by sale, gift or otherwise.”

5. This statutory provision was amended by Act No.16 of 2013 (published in the State Gazette on 26.09.2013) by inserting the following proviso:

“Provided that in case of inam land held by a charitable or religious institution or endowment, no tenant shall have a right of permanent occupancy of the land.”

6. He further contended that after issuance of ryotwari patta in favour of the respondent No.3 on 14.08.1996, the original name stood extinguished. The Melvaram rights (ownership rights) of the land were transferred by the Government in favour of the petitioner by issuing G.O.Ms.No.275 dated 29.03.1993, under Section 75 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. By virtue of such a grant, the petitioner became the absolute owner of the property and the respondent No.3 no longer has any right therein, having collected the amount as fixed, towards the value of the land on 09.08.1984. Further the respondent No.3 also issued a no objection certificate dated 15.06.1995 in the matter of conveying the ownership rights of the land