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2023 Supreme(AP) 1019

DHIRAJ SINGH THAKUR, R. RAGHUNANDAN RAO
Makena Sannaya Patrudu (Died) – Appellant
Versus
Director of Settlements, State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Ashwani Kumar.
For the Respondent: Sriman.

Judgement Key Points

What is the applicable law governing the grant of Ryotwari patta for pre-settlement Inams: Estate Abolition Act, 1948 or Inams Abolition Act, 1956?

What are the criteria used to determine whether a land falls under pre-settlement Inam eligible for Ryotwari patta under the Inams Abolition Act, 1956?

How does the existence of title deed No. 1392 in a village affect the jurisdiction and applicability of the Estate Abolition Act vs. the Inams Abolition Act?


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

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