IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI
B.S. BHANUMATHI, J.
Peethala Papayamma - Petitioner
Versus
The Commissioner and Others – Respondents
Civil Revision Petition No. 1096 Of 2022
Decided On : 17-02-2025
(A) Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 - Section 14A - Revision against order allowing revision petition challenging grant of ryotwari patta - The court found that the impugned order was passed without hearing the petitioner, violating principles of natural justice. (Paras 1, 10, 12)
(B) Natural Justice - The principle of audi alteram partem requires that no party should be condemned unheard, which was violated in this case. (Paras 10, 12)
Facts of the case:
The petitioner sought ryotwari patta for land previously occupied by her father-in-law and husband, which was granted by the Special Deputy Tahsildar but later challenged by other parties.
Findings of Court:
The court held that the order was passed without proper hearing and remanded the matter for fresh disposal.
Issues: The main issue was whether the order was passed in violation of natural justice principles.
Ratio Decidendi: The court emphasized the necessity of hearing all parties before making a decision, stating that the impugned order did not indicate that the petitioner was heard.
Result: Civil Revision Petition allowed, order set aside, and matter remanded for fresh disposal.
ORDER :
(B.S. BHANUMATHI, J .)
This revision is preferred against the order, dated 07.06.2022, allowing the revision filed by the respondents 2 and 3 herein, in Ref. No.Sett.II(1)/156/2017, under Section 14A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 challenging the orders of the Revenue Divisional Officer, Visakhapatnam passed in D.Dis.No.11049/2015/C, dt.07.06.2017, confirming the order, dated 31.12.2013, of the Special Deputy Tahsildar (Inams), Visakhapatnam, in AIP No.32 of 2013 granting ryotwari patta in favour of Smt. Peethala Papayamma w/o late Apparao for an extent of Ac.14.00 cents in Sy.No.30 part of Vepagunta village covered by T.D No.3146.
2. Heard Sri P.Roy Reddy, learned counsel for the petitioner; learned Government Pleader for Revenue appearing for the 1st respondent; Sri Chalasani Ajay Kumar, learned counsel for the respondent No.2; Sri Sitaram Chaparla, learned counsel for the 3rd respondent; and Sri N.V.S. Prasada Varma, learned counsel representing Sri B. Jagadish Kumar, learned standing counsel for respondent No.7.
3. The chronology of events that lead to filing this revision petition, briefly stated, is as follows:
a. The claimant, Smt. Peethala Papayamma, filed a claim petition before the Primary Tribunal-cum-Special Deputy Tahsildar (Inams), Visakhapatnam, for grant of ryotwari patta in respect of inam dry land in Old Sy.No.30 part of Vepagunta village in the erstwhile Visakhapatnam taluk, now, in Pendurthi Mandal under T.D.No.3146. She filed the sale deeds and link documents in support of her claim over the said property. The claimant stated that the land in Sy.No.30 of Vepagunta village measuring an extent of Ac.42.05 cents stands registered as inam dry and it was registered in the name of Sri Ayyalasomayajula Viswanadham and Bondili Bagwansingh respectively. Out of the total land of Ac.42.05 cents in Sy.No.30 part of Vepagunta village, half share holder, Sri Bondili Bagwansingh leased out an extent of Ac.21.02 ½ cents in Sy.No.30 part of Vepagunta village covered by cashew and mango plantation in favour of her father-in-law, Peethala Appalaswamy S/o Ankulu initially for a period of 10 years for the Fasli 1352 to 1362, i.e., 15.04.1942 to 15.03.1952 @ R.50/- per year towards cowl. Thus, the entire land is under the occupation of her father-in-law, Sri Peethala Appalaswamy, and thereafter, under the occupation of her husband, Sri Peethala Apparao. The said land is an inam land and she is entitled to 2/3rd share from out of the share of Ac.21.02 ½ cents in Sy.No.30 part of Vepagunta village by virtue of the mukthagalla executed by her late father-in-law and requested to allow ryotwari patta for 2/3rd share out of Ac.21.02 ½ cents held by the inamdar, Bondili Bagwansingh, under the provisions of Section 7(1) of the Inam Abolition Act, 1956 in terms of sub-section (1) of Section 4 of Inam Abolition Act,1956 (hereinafter referred to as ‘the Act’).
b. Pursuant to the common judgment, dated 15.04.1982, of this High Court in W.A.No.874 of 1982 and W.P.No.7599, 7586 and 7640 of 1982, the Mandal Revenue Officer, Pendurthi, took up fresh enquiry under Section 3(1) of the Act and held that all the lands in the schedule ‘A’, i.e., Poramboke lands in an extent of Ac.583.13 cents and banjar lands in an extent of Ac.1.61 cents vest in the government, free from all encumbrances, and the lands in Schedule ‘B’ measuring an extent of Ac.639.77 cents vest with the diety of Simhachalam devasthanam and that the devasthanam is entitled to ryotwari patta for the lands in ‘B’Schedule.
c. Aggrieved by the said order, Sri Varaha Lakshmi Narasimha Swamy Devasthanam, Simhachalam (‘Devasthanam’) authorities filed an appeal before the appellate authority/Revenue Divisional Officer, Visakhapatnam. The then RDO, by proceedings, dated 28.02.1990, in AIA No.5 of 1989 dismissed the appeal preferred by the Devasthanam authorities and upheld the decision of the MRO, Pendurthi.
d. Thereupon, the Dev
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.
The court established that jurisdictional overreach by administrative authorities can invalidate their orders, necessitating adherence to procedural fairness.
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.
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 main legal point established in the judgment is that once the Settlement Officer's order reached finality, issuing Patta for the same land on different grounds is not sustainable in the eye of la....
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 High Court cannot interfere with concurrent findings of fact recorded by quasi-judicial authorities in the absence of any jurisdictional error or patent perversity.
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