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IN THE HIGH COURT OF ANDHRA PRADESH
Challa Gunaranjan
Etti Sriramulu Reddy S/o. Late Ellappa Reddy – Appellant
Versus
Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department – Respondent
ORDER :
Challa Gunaranjan, J.
As facts in both these two writ petitions are common, both these writ petitions are disposed of together. W.P. No.1499 of 2010 is filed by 58 petitioners, all are residents of Daminedu Village and whereas, W.P. No.3049 of 2010 has been filed by 5 petitioners, who are also petitioners 2, 13, 32, 33 and 46 in W.P. No.1499 of 2010.
2. W.P.No.1499 of 2010 is filed with the following prayer:
“to declare the inaction of the 1st respondent in processing the Memo No.52300/JA-2/2008-1, dated 17.10.2008 in respect of the lands of the petitioners’ in Sy. Nos.46 to 57, 173 to 182, 211, 192 to 207 an extent of Ac 175.00 cents of Daminedu Revenue Village, Tirupathi Rural Mandal, Chittoor District as illegal, arbitrary, violative of the provisions of the Estate Abolition Act, 1964 and violative of Articles 14, 21 and 300A of the Constitution of India and consequently to direct the respondents 1 to 4 to pass orders for issuance of ryotwari pattas in favour of the petitioners in respect of the lands situated in Sy.Nos.46 to 57, 173 to 182, 211, 192 to 207 an extent of Ac 175 00 of Daminedu Revenue Village, Tirupathi Rural Mandal, Chittoor District, as per G.O. Ms. No.548.
Claims for ryotwari pattas must comply with statutory requirements; mere representations do not constitute valid claims.
Rights to land under the Andhra Pradesh Estates Abolition Act require proof of continuous possession and corresponding applications for Ryotwari pattas pre-dating the act's enactment.
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 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....
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....
Civil Courts retain jurisdiction to adjudicate land classification disputes under the Estate Abolition Act despite administrative orders, emphasizing the necessity for factual determination on ryoti ....
Land granted under Inams Abolition Act confers ownership, which cannot be revoked without due process; arbitrary state action is unlawful.
The court ruled that to obtain ryotwari patta under the Tamil Nadu Minor Inams Act, the claimant must demonstrate pre-existing ownership rights, which were not established in this case.
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