The central legal point established in the judgment is the applicability of the Inam Abolition Act, 1956 to the grant of Ryotwari patta for pre-settlement Inams, overriding the provisions of the Estate Abolition Act, 1948.

JUDGMENT :

R. RAGHUNANDAN RAO, J.

1. Heard Sri N. Ashwani Kumar, learned counsel appearing for the appellants, Sri Sriman, learned counsel appearing for the private respondents, the learned Government Pleader for Land Acquisition and the learned Government Pleader for Revenue appearing for the official respondents.

2. The present Writ Appeal relates to the question of grant of patta in relation to lands situated in Chintalapalem Village, Vizianagaram District.

3. The said Chintalapalem Village fell within the ambit of the erstwhile Vizianagaram Zamindari Estate and had been notified as a Mokhasa Village. The Vizianagaram Estate was taken over under the provisions of the Andhra Pradesh Estate (Abolition and Conversion into Ryotwari) Act, 1948 [for the Short “the Estate Abolition Act, 1948”] on 07.09.1949 along with all the Inamdars and the said takeover had been published in the State Gazette on 02.01.1951.

4. The Ryots in the area as well as the Inamdar who is the ancestor of the respondents 8 & 9 had both sought grant of patta. Initially the Inamdar was granted patta, by an order 03.11.1969, on the basis of title deed No. 1392 relating to the said lands. This order had been kept aside by the Director of Survey and Land Records on the ground that the final survey and determination of the title deeds under the Andhra Pradesh Inams (Abolition of Conversion into Ryotwari) Act, 1956 [for the “the Inams Abolition Act, 1956”] were yet to be completed. Subsequently, the Settlement Officer, Visakhapatnam by an order dated 31.03.1975 had concluded that the lands in question were covered by a pre-settlement minor Inams and under title deed No. 1392 of Chintalapalem Village and closed all further inquiry under Section 11(a) of the Estate Abolition Act, 1948. A revision has been filed against this order before the Director of Settlements, A.P., Hyderabad which, by an order dated 06.02.1979 gave a finding that the land in T.D.No. 1392 was in excess of the notified extent and sought localization of the lands after the survey. Similarly, the order of the Settlement Officer dated 24.10.1975 is said to have been set aside in the revision filed by the Inamdar in R.P.No. 597 of 1975.

5. Subsequently, the Settlement Officer-cum-Joint Collector, Vizianagaram relying upon the survey dated 10.08.1973 and the draft Gazette notification on 23.03.1957 issued under the Andhra Pradesh (Andhra area) Inams Assessment Act, 1955 showing an existence of T.D.No. 1392 of Chintalapalem Village had granted Ryotwari patta to the Inamdar.

6. Aggrieved by the said order of the Joint Collector-cum-Settlement Officer, Vizianagaram in proceedings bearing Sr.No. 11(a)/429/67/VZM/F2, dated 16.03.2002 dropping further proceedings under the Estate Abolition Act, 1948, the Writ Petitioners approached the Commissioner & Director of Settlements, A.P, Hyderabad in R.P.No. 3/2011(A). The said Commissioner & Director of Settlements by an order dated 14.05.2014 had dismissed the petition for want of jurisdiction on the ground that the proceedings under the Estate Abolition Act, 1948 are not maintainable and it is only the authorities under the Inams Abolition Act, 1956 who would jurisdiction in the matter.

7. Aggrieved by the said order of the Commissioner & Director of Settlement, the respondents 10 to 16 had approached this Court by way of W.P.No. 10141 of 2015. A Learned Single Judge of this Court, by an order dated 05.12.2022, had allowed the Writ Petition and remanded the matter back to the 1st respondent with a direction to the 1st respondent to give notices to all the concerned parties and pass appropriate orders, after duly conducting an enquiry.

8. Aggrieved by the said order, the appellants have filed the present Writ Appeal under the Letter Patent.

9. Before adverting to the respective contentions, it is necessary to refer to the Judgment, dated 17.04.2014, of a Learned Single Judge of the erstwhile High Court of Andhra Pradesh for the States of Telangana and the State of Andhra