The court remanded the matter to the primary authority to reconsider the grant of Ryotwari Patta, ensuring that factual observations of the revisional authority and judicial precedents regarding auction rights and land classification are properly applied.

The Court made the following ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“...to issue a Writ of certiorari or any other appropriate writ or direction calling for the records relating to the order passed vide Progs.No.Sett-ll(1)/180/2023, dt.28.12.2023 by the 1st Respondent i.e., Commissioner of Appeals, O/o.Chief Commissioner of Land Administration under Section 14-A of The Andhra Pradesh (Andhra Area) Inams (Abolition And Conversion Into Ryotwari) Act, 1956 as the same is illegal, irregular, arbitrary, contrary to law and violative of the Constitution of India and to quash/set-aside the same in the interest of justice and to pass such...”

2. Heard learned Assistant Government Pleader for Revenue appearing for the petitioners and learned counsel for the respondents.

3. The District Collector filed the present writ petition aggrieved by the orders dated 28.12.2023 issued by the respondent No.1. The whole controversy issue involved in this writ petition is that initially the petitioners / respondents herein are bonafide purchasers filed an application before The Special Deputy Tahsildar (Inams), Visakhapatnam District and primary authority under Section 3(3) of The Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion Into Ryotwari) Act, 1956 (in short „the Act‟). Wherein, the primary authority has considered the application and rejected with the following observation:

“In view of the above, the land measuring an extent of Ac.7.20 cents in Sy.No.24/3/D2 of Cheemalapalli Village of Pendurthi Mandal has not been considered as Inam land and is not satisfied the section 2(c) of I.A. Act, 1956. Therefore I opined that no further go into other questions under section 3 of 1.A.Act, 1956 i.e., the subject land is in Ryotwari, Zamindari or Inam Village as the village was already declared as 'not an inam estate' and the then Special Deputy Tahsldar (Inams), Visakhapatnam has already passed a decision in Form-II that the Cheemalapalli Village is an Inam Village and the subject land is not held by the institution as per the Inam B-Register of Cheemalapalli Village of Pendurthi Mandal”

4. As against the respondents herein filed an appeal under Section 3(4) of the Act before the respondent No.5. The said appeal is also been considered and rejected with the following order dated 01.08.2023:

“He further stated that the pursuance to the provisions of the A.P. Inams (Abolition & Conversion into Ryotwari) Act, 1956, the Primary Tribunal & Tahsildar, Pendurthi has conducted enquiries U/s 3(3) of the act and declared the Cheemalapalli Village as the Inam Village and the land therein are held by Institution (SVLN Devasthanam) vide his Proceedings in AlA No.55/77 dt. 02.01.1978.

He further submitted that, as per the FMB record, the Sy.No.24 of Cheemalapalli Village comprised of only two sub-divisions i.e., Sy.No.24/1 and 24/2 with a total extent of Ac 52.56 Cts. The extent of Sub-divisions No.24/1 and 24/2 are Ac 7.75 Cts and Ac 44.81 respectively as per the records available in Tahsildar's Office. There is no such sub-divison no.24/3 emanated as per the revenue records available Tahsildar's Office.

He further submitted that a Ryotwari Patta in Form-VIII for an extent of land Ac 7.75 Cts covered by Sy.No.24/1 along with other lands in Cheemalapalli Village was given in favour of S.V.L.N. Devasthanam under the provisions laid u/s 7(1) of the A.P.Inams (Abolition & Conversion Into Ryotwari) act, 1956. The remaining land Ac 44.81 Cts covered by Sy.No.24/1 (Banjar) was declared as vested with the Government free