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2022 Supreme(AP) 388

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D. RAMESH, J.
T.G. Jaya Chandra Naidu - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition No. 943 of 2020 and 10799 of 2021
Decided On : 03-11-2022

Advocates Appeared:
For the Appellant : N. Ashwani Kumar.
For the Respondent: T. Janardhan Rao.

Headnote:

A.P. Inams (Abolition Conversion into Ryotwari) Act, 1956 – Information Technology – Section 7 – A.P. Rights in Land and Pattadar Pass Book Act, 1971– Section 5B – Order of mutation – Writ petition is filed assailing action of respondents more particularly 4th Respondent-Tahsildar, failing to re-enter name of Petitioner in Web-Land Records (Revenue Records) who is absolute and lawful owner of land admeasuring an extent of Ac. 1.50 cents in Survey , District notwithstanding application made by petitioner and seeking a direction to 4th respondent to re-enter name of petitioner in revenue records with respect to said land – Held, On perusal of impugned orders, 1st ground, for allowing appeal by Revenue Divisional Officer, in impugned order is that no appeals have filed against pattas granted in favour of 6th respondent either by petitioner or any other person is contrary to record – In fact, very same patta was assailed before very same authority and has been decided in their proceedings – Perusal of record, it is not in dispute and also not disputed by 6th respondent herein with regard to existence of patta in favour of mother of petitioner without cancelling patta and without assailing said proceedings through an appropriate application, Revenue Divisional Officer should not have entertained appeal filed by 6th respondent and he is not entitled to give contrary observations – Writ Petitions disposed of.

ORDER :

Since the issue involved in both the writ petitions arise out of same cause of action, these two writ petitions disposed of together with a common order.

W.P.No.10799 of 2020:

2. This Writ petition is filed assailing the action of the respondents more particularly the 4th Respondent-Tahsildar, failing to re-enter the name of the Petitioner in the Web-Land Records (Revenue Records) who is the absolute and lawful owner of land admeasuring an extent of Ac. 1.50 cents in Survey No.271/1A, of Tiruchanoor Village, Tirupathi Rural Mandal, Chittoor District notwithstanding the application dated 24.02.2021 made by petitioner and seeking a direction to the 4th respondent to re-enter the name of the petitioner in the revenue records with respect to the said land.

W.P.No.943 of 2020:

3. This writ petition is filed assailing the order of the 4th respondent herein i.e., the Revenue Divisional Officer, vide D.Dis.No.G/867/2018 dated 09.12.2019 in setting aside the order of mutation passed by the 5th respondent-Tahsildar in D.Dis.A/142/2018 and the action of the 2nd respondent in not taking up the appeal and stay petition filed on 27.12.2019 against the orders of the 4th respondent herein dated 09.12.2019 and to set aside the order dated 09.12.2019.

4. Heard Sri N. Aswani Kumar, learned counsel appearing for the petitioner, Sri P. Veera Reddy, senior counsel appearing for Sri T. Janardhan Rao, learned counsel for the unofficial respondent and learned Government Pleader for Revenue appearing for the official respondents.

5. The case of the petitioner is that the mother of the petitioner Smt. T. Munemma, wife of late T.K.G. Swamy Naidu filed an application before the Inams Deputy Tahsildar, Chittoor seeking issuance of Ryotwari Patta under A.P. Inams (Abolition Conversion into Ryotwari) Act, 1956 for the lands which she purchased under various sale deeds from one M. Changaraya Reddy and Others between 1961 and 1969. Pursuant to the said application, the Inam Deputy Tahsildar after thorough enquiry and after inspecting all revenue records as well as considering the ground of enjoyment, issued Ryotwari Patta vide orders dated 17.12.1994 holding that the applicant therein has purchased said lands and has been cultivating and enjoyment of said lands by raising paddy and also issued Form-8 dated 17.12.1984. Thereafter said patta was implemented in the revenue records, the name of Smt. T. Munemma was recorded in the settlement of the Fair Adangal of Tiruchanoor village and her name was also mutated in all the revenue records. Further, the Inam Tahsildar also issued No Objection Certificate.

6. The land in an extent of Ac.5.14 cents including the subject land in an extent of Ac.3.73 cents in Sy.No.271/1P of Tiruchooor Village is a land for which Ryotwari Patta was granted in favour of said Munemma, no appeals were filed or pending against the said Ryotwari Patta and also there was no objection for layout of the said land. Thus, since the purchase of the land by the mother of the petitioner, she was in possession and enjoyment of the land without any interference during her life time and thereafter the petitioner is in peaceful possession and enjoyment of the same.

7. While that being the situation, in the year 2003 part of the said land was acquired by the Government for the purpose of laying 150ft road by the Tirupati Urban Development Authority i.e., an extent of Ac. 0.34 cents of land was acquired in survey No. 271/1 and the same was sub-divided into two parts as survey No. 271/1A for an extent of Ac.0.03 cents of land 271/D1 for an extent of Ac. 0.31 cents of land and accordingly compensation was paid in favour of Smt. T. Munneamma. Thereafter, in the 2011 National Highway authority has acquired land for the purpose of laying 200 ft road through the said land, wherein 485.96 Sq. meters of the land in the said survey number has been affected along with land in survey No. 272/1B/1 and award bearing No. 12/NHAI/2011, Dtd.08.09.2011 was passed in favou

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