Case: SARVEPALLI RAMAIAH (D) TR.LRS  Vs. DISTRICT COLLECTOR CHITTOOR DIST.

R. BANUMATHI, J. 1. This appeal arises out of the judgment dated 22.02.2006 passed by the High Court of Andhra Pradesh in Writ Petition No.1495 of 2004 in and by which the Division Bench upheld the order of the Single Judge thereby declining to interfere with the order of the District Collector in refusing to grant ryotwari patta in favour of the appellants.2. Case of the appellants is that their predecessor-in-interest obtained a saswatha patta dated 31.12.1940 from Sri Hathiramjee Math for dry land admeasuring 6.00 acres T.D. No.464 and predecessors of the appellants and the appellants have been in possession ever since. It is the case of appellants that they have obtained ryotwari patta dated 29.09.1980 in respect of admeasuring 6.00 acres of land corresponding to Inam No.464 in Survey No.234. Similarly, the appellants 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 Chandragiri, Chittoor District in the year 1980, issued Ryotwari pattas and the same are not valid and the subsequent sale deeds are also not valid.4. Since, the District Collector did not accord the approval for issuance of ryotwari patta, the appellant filed Writ Petition Nos.29664-65 of 1995 and reiterated the prayer made in the earlier Writ Petition No.2759 of 1990. The said Writ Petitions were disposed of by order dated 28.11.2001 directing the District Collector to conduct enquiry after giving opportunity to the appellant and pass appropriate order. After holding enquiry and giving opportunity to the appellant, the District Collector by order dated January, 2003 held that a notification dated 03.09.1984 was issued under Section 2-A of the Act wherein the land in question was classified as “Peddacheruvu Tank” and rejected the prayer of the appellant for implementation of patta by holding that pattas issued to appellant Sarvepalli Ramaiah by the Deputy Tahsildar were fabricated.5. Challenging the order of the District Collector, the appellant filed Writ Petition No.5807 of 2003 which was dismissed by the learned Single Judge holding that the findings recorded by the District Collector about the nature of pattas that they were fake was based on correct appreciation of evidence. The learned Single Judge further held that in view of the ban contained in Section 2-A of the Inams Abolition Act, the tank bed lands cannot be alienated or assigned. In appeal, the Division Bench affirmed the order of the learned Single Judge that the land is classified as “Peddacheruvu Tank” which vests in the government and in view of the bar contained in Section 2-A of the Inams Abolition Act and the same cannot be transferred. The Division Bench further held that the appellant did not challenge the notification dated 03.09.1984 issued under the Inams Abolition Act, despite the fact that the order passed by the Collector makes the specific reference to the entry recorded at Page No.20 of the Gazette Notification dated 03.09.1984 that the land comprised in Survey No.234 is Peddacheruvu Tank and without challenging the said Gazette Notification, the appellant cannot seek to quash the order passed by the Collector.6. Mr. S. Gurukrishna Kumar, learned senior counsel for the appellants submitted that the orders dated 29.09.1980 and 04.12.1980 granting ryotwari patta in favour 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 upon consideration of the materials, the District Collector has rightly held that the land being classified as ‘Tank Poramboke’ and the appellants cannot claim the right over the land; more so, they have not challenged the Gazette Notification dated 03.09.1984.8. Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a minor Inam village and therefore, it attracts the provisions of the Andhra Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 (Inams Abolition Act). The entire land measuring acres 113.67 ½ comprised in Survey No.234 of Tiruchanur village, Tirupati Rural Mandal is classified as “Peddacheruvu Poramboke” (Tank Poramboke). All the communal government poramboke lands falls under Section 2-A of the Inams Abolition Act. These lands are not available for grant of ryotwari patta to any individual under the Act. Since the village is an Inam village, the then Inams Deputy Tahsildar, Collector’s Office, Chittoor has declared entire land measuring acres 113.67 ½ as “Tank Poramboke” and brought under Section 2-A of Inams Abolition Act and the same was published in the District Gazette No.9 dated 03.09.1984 at Page No.20. The Inams Deputy Tahsildar, Chittoor bonafidely ignoring the above fact, has by mistake, mentioned the Survey No.234 acres 54-00 as “Inam Dry” at Page No.19 of the District Gazette, Chittoor No.9 dated 03.09.1984 which is stated to be invalid.9. As noticed earlier, the appellants claimed on the basis of the orders dated 29.09.1980 and 14.12.1980 for granting issuance of ryotwari patta. When Mandal Revenue Officer by proceeding Roc.C.213/89 dated 20.06.1990 has sought for clarification, the District Collector 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 Chandragiri, Chittoor District issued ryotwari pattas and that the same are not valid and the sale deeds are also not valid. The then District Collector, Chittoor also issued another paper notification vide Roc.E2/.701/1990 dated 28.07.1994 published in Andhra Jyothi daily Telugu Newspaper dated 23.08.1994 stating that the then Inams Deputy Tahsildar Sri Shaik Kasumaiah has issued fake ryotwari pattas and that they are bogus and invalid. The purported pattas IE No.303/77 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 fabricated 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 that is 113.67½ was classified as “Peddacheruvu Tank” under Section 2-A of the Inams Abolition Act published in the official District Gazette No.9 dated 03.09.1984. The District Collector has also pointed out that a recent order was passed by the Inams Deputy Tahsildar in IDT Ref. No.1/83 dated 11.05.1993 declaring the total extent in Survey No.234 as Tank in pursuance of the order of the High Court dated 13.04.1992 in WA Nos.941/88 and 1070/88 which has thus attained finality so far as classification of land. As rightly held by the District Collector, when the entire extent of land in Survey No.234 was classified as Tank, no extent is available for grant of ryotwari patta under the provisions of Inams Abolition Act and the question of implementation of ryotwari patta does not arise. The learned Single Judge and the Division Bench rightly held that the land is classified as “Peddacheruvu Tank” vested with the government and there is no question of issuance of ryotwari patta in view of the bar contained in Section 2-A of the Inams Abolition Act.12. On behalf of the appellants, much reliance was placed upon the Gazette Notification dated 03.09.1984 at Page No.19 where 54-00 acres in Survey No.234 has been classified as “Dry” in Form-II under sub-section (3) of the Inams Abolition Act. As per the provisions laid down in the Act, Inams Deputy Tahsildar has to issue notice in Form-I and decision in Form-II for the inam lands alone deciding whether “the lands are held by an institution” or “not held by institution”. According to the respondent State, the Inams Deputy Tahsildar did not follow the procedure as laid down in Andhra Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 and without following the procedure, straightway published acre 54-00 in Survey No.234 as “Inam Dry” at Page No.19 of the District Gazette and that the same is unlawful and invalid. According to the respondent-State, based on the invalid notifications as ‘Inam Dry’, nobody can claim right over the communal poramboke government lands. All the lands are vested with the government free from encumbrances. When the entire extent of 113.67 ½ in Survey No.234 is classified as “Peddacheruvu Poramboke”, according to the respondent, the notification of acres 54-00 as “Inam Dry” at Page No.19 of the Gazette was unlawful and invalid. Mere 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.

Decision:
0[ds]8. Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a minor Inam village and therefore, it attracts the provisions of the Andhra Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 (Inams Abolition Act). The entire land measuring acres 113.67 ½ comprised in Survey No.234 of Tiruchanur village, Tirupati Rural Mandal is classified asnk Poramboke). All the communal government poramboke lands falls under Section 2-A of the Inams Abolition Act. These lands are not available for grant of ryotwari patta to any individual under the Act. Since the village is an Inam village, the then Inams Deputy Tahsildar,Office, Chittoor has declared entire land measuring acres 113.67 ½ asnd brought under Section 2-A of Inams Abolition Act and the same was published in the District Gazette No.9 dated 03.09.1984 at Page No.20. The Inams Deputy Tahsildar, Chittoor bonafidely ignoring the above fact, has by mistake, mentioned the Survey No.234 acres 54-00 asat Page No.19 of the District Gazette, Chittoor No.9 dated 03.09.1984 which is stated to be invalid.9. As noticed earlier, the appellants claimed on the basis of the orders dated 29.09.1980 and 14.12.1980 for granting issuance of ryotwari patta. When Mandal Revenue Officer by proceeding Roc.C.213/89 dated 20.06.1990 has sought for clarification, the District Collector 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 Chandragiri, Chittoor District issued ryotwari pattas and that the same are not valid and the sale deeds are also not valid. The then District Collector, Chittoor also issued another paper notification vide Roc.E2/.701/1990 dated 28.07.1994 published in Andhra Jyothi daily Telugu Newspaper dated 23.08.1994 stating that the then Inams Deputy Tahsildar Sri Shaik Kasumaiah has issued fake ryotwari pattas and that they are bogus and invalid. The purported pattas IE No.303/77 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 fabricated 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 that is 113.67½ was classified aser Section 2-A of the Inams Abolition Act published in the official District Gazette No.9 dated 03.09.1984. The District Collector has also pointed out that a recent order was passed by the Inams Deputy Tahsildar in IDT Ref. No.1/83 dated 11.05.1993 declaring the total extent in Survey No.234 as Tank in pursuance of the order of the High Court dated 13.04.1992 in WA Nos.941/88 and 1070/88 which has thus attained finality so far as classification of land. As rightly held by the District Collector, when the entire extent of land in Survey No.234 was classified as Tank, no extent is available for grant of ryotwari patta under the provisions of Inams Abolition Act and the question of implementation of ryotwari patta does not arise. The learned Single Judge and the Division Bench rightly held that the land is classified ased with the government and there is no question of issuance of ryotwari patta in view of the bar contained in Section 2-A of the Inams Abolition Act.12. On behalf of the appellants, much reliance was placed upon the Gazette Notification dated 03.09.1984 at Page No.19 where 54-00 acres in Survey No.234 has been classified asin Form-II under sub-section (3) of the Inams Abolition Act. As per the provisions laid down in the Act, Inams Deputy Tahsildar has to issue notice in Form-I and decision in Form-II for the inam lands alone deciding whetherlands are held by anot held byAccording to the respondent State, the Inams Deputy Tahsildar did not follow the procedure as laid down in Andhra Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 and without following the procedure, straightway published acre 54-00 in Survey No.234 asat Page No.19 of the District Gazette and that the same is unlawful and invalid. According to the respondent-State, based on the invalid notifications as ‘Inamnobody can claim right over the communal poramboke government lands. All the lands are vested with the government free from encumbrances. When the entire extent of 113.67 ½ in Survey No.234 is classified as, according to the respondent, the notification of acres 54-00 asat Page No.19 of the Gazette was unlawful and invalid. Mere publication in the District Gazette, Chittoor cannot give any right to anybody over communal lands. Based on such invalid notification as, 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 asnd 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.