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        2019 (3) TMI 1690 - SC - Indian Laws

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        Tank poramboke land vests in Government and cannot be converted into ryotwari land; writ review is limited and claim failed. Land classified as tank poramboke or part of a water body vests in the Government under Section 2-A of the Andhra Pradesh (Andhra Area) Inams (Abolition ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Tank poramboke land vests in Government and cannot be converted into ryotwari land; writ review is limited and claim failed.

                          Land classified as tank poramboke or part of a water body vests in the Government under Section 2-A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, and no ryotwari patta can be granted for such land. The alleged pattas were not supported by official records, the Gazette classification was not challenged, and judicial review under Article 226 was confined to perversity, patent illegality, irrationality or want of power, none of which was shown. Delay and laches also defeated the claim, so the refusal to recognise the pattas was upheld.




                          Issues: Whether the refusal to grant ryotwari patta and the concurrent orders upholding the Collector's decision were sustainable in view of the classification of the land as tank poramboke and the bar under the Inams Abolition Act.

                          Analysis: The land in Survey No. 234 was found to be part of a tank/water body and was published in the District Gazette as Peddacheruvu Tank Poramboke. By virtue of Section 2-A of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956, communal lands, porambokes, tanks and tank beds stand transferred to and vest in the Government free of all encumbrances, and no ryotwari patta can be granted in respect of such land. The genuineness of the alleged pattas was disputed, the claimed entries did not find place in the official records, and the appellants did not challenge the Gazette notification. The Court also held that judicial review under Article 226 is limited to perversity, patent illegality, irrationality or want of power, none of which was shown. Delay and laches further defeated the claim.

                          Conclusion: The refusal to implement the ryotwari pattas was upheld and no interference with the High Court's decision was warranted.

                          Final Conclusion: Claims over tank poramboke land could not be enforced through judicial review, and the appeal failed.

                          Ratio Decidendi: Land classified as tank poramboke or a water body vests in the Government free from encumbrances under Section 2-A of the Inams Abolition Act and cannot be converted into ryotwari land, while writ review will not interfere with a reasoned administrative finding absent perversity, illegality or irrationality.


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                          ActsIncome Tax
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