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CHALLA GUNARANJAN
T. C. Narayana Reddy – Appellant
Versus
Revenue Divisional Officer, Anantapur, Anantapur District – Respondent
JUDGMENT :
1. This writ petition is filed questioning the orders passed by 1st respondent-Revenue Divisional Officer in Proceedings No.D.Dis.(D2)250/2005, dated 05.08.2005 cancelling the ryothwari patta granted to the petitioner in respect of land admeasuring Acs.9.50 cents in Survey No.1228 of Peddapolamada Village, Tadipatri Mandal, as illegal, arbitrary and without jurisdiction.
2. The petitioner has been granted ryothwari patta on 28.11.1980 by 2nd respondent in exercise of powers under Section 7 (1) of Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (hereinafter referred to as 'the Act') for an extent of Acs.9.50 cents in Survey No.1228 of Peddapolamada Village, Tadipatri Mandal. The petitioner claims to be in possession and enjoyment of the subject land and he has been issued pattadar passbook and title deed. That being so, the 1st respondent issued show-cause notice dated 13.06.2005 proposing to cancel the ryothwari patta granted in his favour and called upon to submit explanation. The reason assigned for issuance of show-cause notice was that the very same subject land was already granted ryothwari patta in favour of Sree Vighneswara Swam
The Revenue Divisional Officer exceeded jurisdiction in cancelling a ryothwari patta beyond the statutory sixty-day appeal period established under Section 7(2) of the Act.
Suo motu revision powers cannot be exercised when an appeal remedy exists under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948.
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.
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....
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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