Land granted under Inams Abolition Act confers ownership, which cannot be revoked without due process; arbitrary state action is unlawful.

ORDER:

D.RAMESH, J.

The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order i to declare the inaction of Respondents in deleting land admeasuring to an extent of Ac.4.18 Cts in Old Sy. No.71, present Sy.No.2/1, 2/2, 2/3 in Mudasarlova Village, Visakhapatnam District from prohibitory list and in mutating Petitioner's name in revenue record as manifestly arbitrary, inherently capricious, per se illegal, unreasonable, perverse, contrary to Rule of law, Andhra Pradesh Andhra Area Estates Abolition and Conversion into Ryotwari Act, 1948 besides being violative of Principles of Natural Justice and Articles 14, 21, 300-A of the Constitution of India ii to set aside proceedings bearing Rc. No.33/2022/A and Rc.No.34/2022/A dated 30.09.2022 issued by Respondent No.4 iii to set aside the Order vide bearing Computer No.334641/2023/E3(Lands) dated 25.01.2023 passed by the Respondent No.2 and iv consequently to direct Respondents to delete the subject land from prohibitory list issued under Section 22A of Registration Act and to update the revenue records accordingly and/or pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. The Prayer is amended as per Courts Order dt.30.12.2025 in I.A.No.2 of2025….”

2. Heard Sri N.Subbarao, learned senior counsel appearing on behalf of Smt.Avanija, learned counsel for the petitioners and learned Government Pleader for respondents.

3. Initially the petitioners 1 and 2 have filed the present Writ Petition questioning the inaction on the part of the respondents in mutating the names of the petitioners in revenue records and not deleting Ac.4.18cents in old Sy.No.71, present Sy.No.2/1, 2/2 and 2/3 in Mudasarlova Village, Visakhapatnam District from prohibitory list under Section 22 -A of the Registration Act. Subsequently, after filing counter, the prayer in the Writ Petition has been amended and assailed the proceedings dated 25.01.2023 passed by the respondent no.2 and consequently prayed the Court to direct the respondents to delete the subject land from prohibitory list and to update the revenue records.

4. The father of the petitioners was granted Karanam Service Inam for a land in Sy.No.71, part of Mudasarlova Village of Visakhapatnam Taluk. Father of the petitioners used to work as Village Karanam in the estate of Vizianagaram. Head of Vizianagaram estate granted Inam of Ac.4.18cents in old Sy.No.71, present Sy.No.2/1, 2/2 and 2/3 in Mudasarlova village of former Visakhapatnam Taluk. Service Inam was prepared and updated entry in Enam fair register i.e. TD No.496 reflects the service inam in the nature of personal grant was issued infavour of father of the petitioners. Regularly they have paid cists and receipts were also issued in favour of the father of the petitioners from 01.01.1970 to 01.12.1974, 01.01.1975 to 12.12.1978 and 01.01.1979 to 01.12.1984. As per settlement fair adangal, land admeasuring in an extent of Ac.1.44cents in Sy.No.2/2 and Ac.0.56cents was noted as dry land.

5. Subsequently, vide registered gift deed bearing document no.1248/1965 dated 25.6.1965, father of the petitioners gifted land admeasuring in an extent of Ac.2.00cents in Sy.No.2/2 and 2/3 to the 1^st petitioner and Ac.2.18cents in Sy.No.2/1 to 2^nd petitioner. Ever since, the petitioners have been in absolute possession and enjoyment of said land and had been cultivating roses, neem, cashew and palmyrah