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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K Manmadha Rao
Tonangi Nandodu – Appellant
Versus
State of Aikihra Pradesh – Respondent
ORDER :
K Manmadha Rao, J.
WP No.11174 of 2022 is filed under Article 226 of the Constitution of India for the following relief:
“….to issue a writ order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the Respondents No 1 to 4 in consider the representations of Writ Petitioners for grant of Ryotwari Patta under Section 7 of the Inams Abolition Act 1956 in respect of lands in SyNos 1 to 22 with sub divisions covered by T D Nos 647, 218 and 219 of NarayanapuramAgraharam Village erstwhile Cheepurupalle Taluk and presently in Etcherla Mandal of Srikakulam District since the grant of Ryotwari Patta to Inamdars Andhavarapu Govindarajlu and his family members 5th to 8th Respondents by the 4th Respondent in his proceedings Rc No 812/86A dated 10.12.991 EX P1 and grant of Ryotwari Patta to them under Section 7 of the Act in D.Dis.37/95/A dt 29.01.1995 Ex P2 without notice to ryots who are ancestors of petitioners eligible for grant of ryotwaripatta as illegal void in violation of principles of natural justice and absurd and consequently direct the Respondents not to dispossess the physical possession of the petitioners in respect of lands covere
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 established that jurisdictional overreach by administrative authorities can invalidate their orders, necessitating adherence to procedural fairness.
Claims for ryotwari pattas must comply with statutory requirements; mere representations do not constitute valid claims.
Land granted under Inams Abolition Act confers ownership, which cannot be revoked without due process; arbitrary state action is unlawful.
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....
Point of Law- Section 11 (a) of the Act it is clear that every ryot who claims for grant of ryotwari patta under Section 11 (a) of the Act has to fulfill the following requirements.(i) the land claim....
The Director of Survey and Settlement lacks jurisdiction to initiate suo moto proceedings under Section 5(2) for an appealable order, as per Section 12(2) of the Tamil Nadu Inam Estates Act.
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.
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