TaxTMI 
TaxTMI 
2019 (3) TMI 1690
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....llants also obtained another ryotwari patta on 14.12.1980 for an extent of admeasuring 5.00 acres corresponding to Inam No.464 in Survey No.234. Appellant Sri Sarvepalli Ramaiah has filed Writ Petition No.2759 of 1990 before the High Court seeking direction to the Tahsildar, Tirupati Rural for implementation of the patta granted to him by the Deputy Tahsildar vide order dated 29.09.1980 by making entries in the revenue. The said writ was disposed of by the High Court by order dated 19.03.1990 whereby the High Court directed the authorities to satisfy with reference to the relevant records whether the patta is genuine or not and if found to be genuine, they should be implemented. 3. The Mandal Revenue Officer, Tirupati Rural in his Ref. Roc.C.213/89 dated 20.06.1990 sought for clarification from the District Collector whether to implement the order of granting ryotwari patta to appellant Sarvepalli Ramaiah. The District Collector did not grant approval; rather issued a Paper Notification on 14.03.1991 in Andhra Jyothi daily Telugu Newspaper vide Roc. B9.00701/1990 dated 12.03.1991 stating that Sri Shaik Kasumaiah who worked as Inams Deputy Tahsildar Chandra....
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....r of the appellants were not challenged by the State or any other party in the manner known to law and no appeal was preferred against those orders and therefore, the order granting ryotwari patta has attained finality under Section 3(4) of the Act. It was further submitted that the respondents had taken inconsistent stand as to the order of Inams Deputy Tahsildar directing issuance of ryotwari patta. It was further submitted that while carrying out enquiry, pursuance to the orders of the High Court, the District Collector had not examined records relating to the case and the High Court erred in not quashing the order of the District Collector. 7. Per contra, the learned counsel appearing on behalf of the State has submitted that since the land in Survey No.234 total extent acres 113.67 ½ is classified as 'Peddacheruvu' - Tank Poramboke in the District Gazette, Chittoor dated 03.09.1984 and whatever the pattas possessed by any individual for any land prior to the above publication of the District Gazette would be considered as non-existing and invalid. Taking us through the order of District Collector, the learned counsel for the respondent submitted that ....
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....dated 29.09.1980 relied upon by the appellants in the present case, was also shown as Serial No.1 with the name of appellant Sarvepalle Ramaiah in the said paper publication dated 23.08.1984. 10. It is also to be pointed out that the very document upon which the appellant is claiming right over the land is a Takeed dated 31.12.1940 said to have been issued by Sri Swamy Hathiramji Math, Tirupati. According to the respondents, Sri Swamy Hathiramji Math, Tirupati has no right over the land for grant of Takeed or Saswatha patta for the land. In many cases, it was found that such Takeed or Saswatha patta was never issued by Sri Swamy Hathiramji Math and they were created or abricated and the Saswatha patta relied upon by the appellant is not a valid and reliable document. 11. It is in this context, upon consideration of the documents and the report of the Inams Deputy Tahsildar, the District Collector held that the appellant is claiming the land in Survey No.234 on the basis of fabricated documents which are not found in the official records of the then Inams Deputy Tahsildar, Chandragiri. The District Collector rightly held that the entire land in Survey No.234 of Tiruchanur village ....
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....publication in the District Gazette, Chittoor cannot give any right to anybody over communal lands. Based on such invalid notification as "Inam Dry", nobody can claim right over the Communal Poramboke lands which are vested with the government. 13. The District Collector has referred to the Gazette Notification dated 03.09.1984 as per which the entire extent of 113.67 ½ in Survey No.234 is classified as "Peddacheruvu Tank" and held that no extent of land was available for issuance of ryotwari patta. As pointed out by the High Court, even though, in his order the District Collector has referred to the Gazette Notification dated 03.09.1984, the appellants have not challenged the said Gazette Notification. The Division Bench in its order dated 22.02.2006 elaborately has also referred to the conduct of the appellants as to how they have withheld the crucial part of the Gazette Notification viz. Page No.20 which contains the classification of the land as "Peddacheruvu - Tank Poramboke in Survey No.234. Upon consideration of the materials, the High Court rightly declined to quash the order of the District Collector. We do not find any infirmity in the imp....
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....tuting an estate under the Madras Estates Land Act, 1908 (Madras Act 1 of 1908);" Section 2(d) of the 1956 Act defines Inam village to mean a village designated as such in the revenue records of the Government. Tiruchanoor is designated an Inam village. 7. Section 2A of the 1956 Act inserted by amendment, by Act 20 of 1975 provides as follows: "[2-A. Transfer to, and vesting in the Government of all communal lands, porambokes etc., in inam lands:Notwithstanding anything contained in this Act all communal lands and porambokes, grazing lands, waste lands, forest lands, mines and quarries, tanks, tank beds and irrigation works, streams and rivers, fisheries and ferries in the inam lands shall stand transferred to the Government and vest in them free of all encumbrances." By virtue of Section 2A of the 1956 Act, all forest lands, grazing lands, communal lands, river streams, porambokes, tanks, tank beds etc. vested in the government, free from encumbrances. No person can, therefore, have any claim to tenancy, occupancy or otherwise in respect of any land and/or water body which has vested in the government free from encumbrances under Section 2A of the 1956 Act. 8. Section 7(1) ....
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....earned Single Bench of the High Court disposed of the writ petition by directing the respondents to implement the pattas, if they were found to be genuine. 15. Pursuant to the aforesaid order of the Single Bench, the Mandal Revenue Officer, Tirupati (Rural) sought the approval of the Collector to implement the pattas granted to Sarvepalli Ramaiah, since deceased, but approval was declined. 16. Thereafter, Sarvepalli Ramaiah, since deceased filed Writ Petition Nos.29664 and 29665 of 1995 in the Andhra Pradesh High Court seeking orders for implementation of the ryotwari pattas. 17. The respondents filed a counter affidavit to the writ petitions, disputing the genuineness of the rytowari pattas and contending that there were no entries relating to the ryotwari pattas in the Register of Ryotwari Pattas issued from 1977 to 1980. 18. By an order dated 28th November, 2001, the learned Single Bench disposed of the writ petition directing the Collector, Chittoor to conduct an enquiry and pass appropriate orders within the time stipulated in the said order. 19. Thereafter the Collector, Chittoor conducted an enquiry and passed an order, relevant part whereof is extracted herein be....
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....ry, 2006, impugned in the appeal. 21. There is no infirmity in the judgment and order dated 22nd February, 2006, of the Division Bench upholding the dismissal of the writ petition by the Single Bench, that calls for interference in this appeal. 22. In my view, the Single Bench rightly refused to entertain the writ petition as the Collector had questioned the genuineness of the purported ryotwari pattas on the ground that there were no entries with regard to the pattas in the relevant register. The grant of Saswatha Patta and execution of the takeed by the Mahanth of the Mutt in 1940 were also disputed. As noted by my esteemed sister, there were serious allegations of illegal grant of pattas against the Inams Deputy Tehsildar who had purportedly issued the two ryotwari pattas. Moreover, the pattas had purportedly been issued without any notice of enquiry in the prescribed form, as required under Section 7 of the 1956 Act read with the Andhra Pradesh (Andhra Area) Inam (Abolition and Conversion into Ryotwari) Rules 1957 framed under Section 17 of the 1956 Act. Moreover, the entire Survey No.234 had been declared Tank poramboke and brought under Section 2A and, therefore....