IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI CHEEMALAPATI, J.
Uppaladhadium Chinna Venkata Krishnaiah, and Others – Petitioners
Versus
The State of Andhra Pradesh and Ors. – Respondents
Writ Petition No. 37317 Of 2022
Decided On : 29-07-2024
Inams - Ryotwari Patta - Inams Act, 1956; Estates (Abolition and Conversion of Ryotwari) Act, 1948 - The court interpreted provisions regarding the issuance of Ryotwari pattas and the jurisdiction of authorities, ultimately confirming the remand for fresh consideration.
Fact of the Case:
The petitioners challenged the order declaring the Ryotwari Patta issued to them as null and void, arguing they were rightful Inamdars and had purchased the land legally, while the respondents claimed eligibility for Ryotwari Patta based on unregistered agreements.
Finding of the Court:
The court found that the Joint Collector exceeded jurisdiction by treating the land as Estate land without proper authority and confirmed the remand for fresh consideration, emphasizing the need for adherence to procedural rules.
Issues: Whether the Joint Collector had the authority to declare the Ryotwari Patta null and void and whether the matter should be remanded for fresh consideration.
Ratio Decidendi: The court held that the Joint Collector's order was unsustainable due to lack of jurisdiction and failure to provide a fair hearing, necessitating a remand for proper adjudication.
Result: The order of the Joint Collector is set aside, and the matter is remanded for fresh inquiry.
ORDER :
(Ravi Cheemalapati, J.)
Questioning the proceedings vide Ref.No.F1/2375/2020 dated 14.10.2022 issued by respondent No.2 declaring the Ryotwari Patta issued by to petitioner No.4 with regard to the land in Survey No.7/1 to an extent of Ac.0.83 cents and Survey No.8/8 to an extent of Ac.0.89 cents of Krishnapuram village, C.K.Dinne Mandal under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short ‘Inams Act, 1956’) as null and void, the present Writ Petition is filed.
2. Heard Sri S.Lakshmi Narayana Reddy, learned counsel for the petitioners, Smt.Prasanti Gude, learned counsel for respondent Nos.1 to 4 and Sri V.V.N.Narasimham, learned counsel for respondent Nos.5 and 6.
3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit contended that, petitioner Nos.1 to 3 are the sthotriyumdars of the subject land, having inherited the same from their ancestors and petitioner No.4 purchased the said property from petitioner Nos.1 to 3 under registered sale deed dated 17.12.2018 and since the date of purchase, petitioner No.4 has been in possession and enjoyment of the same till date. He further submitted that respondent Nos.5 and 6 filed applications before respondent No.4 seeking for grant of Ryotwari pattas in respect of the subject land which is Inam land. On coming to know about the same, petitioner Nos.1 to 3 made a representation to respondent No.4 stating that they are the Inamdars and that they sold it to petitioner No.4 under registered sale deed and petitioner No.4 is in possession of the subject land. Respondent No.4 vide proceedings dated 20.01.2020 passed orders holding that petitioner No.4 purchased the subject land in good faith and for valuable consideration and got title over the subject land, as such he is entitled to Ryotwari patta in accordance with Section 4 of Inams Act, 1956. Aggrieved by the same, respondent Nos.5 and 6 filed appeal before respondent No.3 under Section 7(2) of the Act and respondent No.3 vide proceedings dated 08.08.2020 remanded the matter to respondent No.4 for fresh consideration and for passing appropriate orders according to the Act and Rules in force, after giving reasonable opportunity to all interested parties. Aggrieved by the said order, respondent Nos.5 and 6 filed appeal before respondent No.2 under Section 10A(2) of the Act and respondent No.2 vide proceedings dated 14.10.2022 passed orders holding that respondent Nos.5 and 6 are eligible to claim Ryotwari patta under the Estates (Abolition and Conversion of Ryotwari) Act, 1948 (for short ‘Act of 1948’) and given liberty to respondent Nos.5 and 6 to make application before the competent authority. He further submitted that respondent No.2-Joint Collector without proper application of mind has treated the subject land as Estate land and passed orders exceeding his jurisdiction. Challenging the said proceedings of respondent No.2, the present Writ Petition is filed.
4. On the other hand, learned Assistant Government Pleader, on counter of respondent No.2, contended that the unofficial respondents i.e., respondent Nos.5 and 6 made a representation before respondent No.2-Joint Collector, stating that they have filed appeal before the then Joint Collector, Kadapa against the petitioners regarding issuance of Ryotwari Patta with regard to the subject property as they got the same through unregistered document in the year 1975 and since then, they are in possession and enjoyment of the same, but the then Joint Collector, Kadapa did not pass any orders and the same is pending consideration, hence, he requested to reopen the case. Respondent No.2, after verification of the revenue records and in the light of the arguments submitted by the parties and after giving opportunity to both the petitioners and respondents, came to the conclusion that the unofficial respondents are eligible to claim pattadar pass book and directed them to make an application b
The court established that jurisdictional overreach by administrative authorities can invalidate their orders, necessitating adherence to procedural fairness.
The court held that petitioners failed to establish their entitlement to Ryotwari Patta and did not challenge the grant to Inamdars within the statutory period, leading to dismissal of their petition....
The court emphasized the violation of natural justice principles, specifically the right to be heard, in the context of administrative decisions under the Inams Abolition Act.
Point of law: Classification of the land is also an issue which can be dealt with by the survey officer under the provisions of the Madras Survey and Boundaries Act, 1897.
The main legal point established in the judgment is the requirement to prove that the subject lands are ryoti lands and have vested with the Government under the Ryotwari Act, 1948, in order to obtai....
The court affirmed the validity of a ryotwari patta and mandated a factual inquiry into land classification, emphasizing that registration cannot be denied while the patta is in force.
The court emphasized the importance of resolving disputed facts through denovo enquiry and directed the completion of the enquiry within a specified timeframe.
Registered sale deeds and possession establish land ownership unless proven otherwise; the burden of proof lies with the claimant.
Proper assessment of the petitioner's right over the disputed survey numbers under the Tamil Nadu Minor Inam Abolition and Conversion into Ryotwari Act, 1963 is crucial in granting Patta.
Land granted under Inams Abolition Act confers ownership, which cannot be revoked without due process; arbitrary state action is unlawful.
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