THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.26020 OF 2007 ORDER: The petitioner claims that his grandfather purchased the land in Sy.No.141 (new Sy.No.174), to an extent of Ac.4.81 cents, situated at Thimmapuram Village, Kakinada Rural Mandal of East Godavari District (hereinafter referred to as ‘the subject land’), originally belonged to Pithapuram Estate, under a registered sale deed dated 12.06.1908 bearing document No.765/1908, from one Gopaiah, who was granted patta by the then Zamindar of Pithapuram Estate, and continued in possession of the same. It is his case that, having succeeded to the subject land from his grandfather, he has been continuing in possession of the same and looking after the agricultural operations with the assistance of his family members, that the Estate of Pithapuram was taken over by the Government under the provisions of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short ‘the Act’), and in the survey and re- settlement conducted, the survey number of the subject land was correlated to Sy.No.174 and he and his family members were found to have been in possession and enjoyment of the subject land, and that, subsequently, on his application to the Assistant Settlement Officer, Kakinada, a ryotwari patta was also granted in his favour, vide patta No.287 dated 07.12.1957, under Section 11 (A) of the Act and, thus, his ownership over the subject land has become conclusive in the eye of law. It is his further case that he submitted an application to the 2nd respondent- Tahsildar, Kakinada Rural Mandal, for issuance of pattadar passbook and title deed in respect of the subject land in his favour, and, pursuant to a notice dated 08.06.2007 issued by the 2nd respondent, he has also submitted the required information along with a representation dated 14.06.2007 seeking to consider his claim. However, since there was inaction on the part of the 2nd respondent in considering his claim, in spite of his entitlement, he filed W.P.No.21708 of 2007 before this Court. Thereupon, the 2nd respondent issued an endorsement dated 10.10.2007, stating that the subject land is recorded as Ava Tank Poramboke in the revenue records and the same was leased out to Thimmapuram Sannakaru Vyavasaya Karmika Sangham by the then Tahsildar, Kakinada, in the year 1976, and, on cancellation of the said lease by the 1st respondent, the members of the said Sangham filed W.P.No.12946 of 2007 before this Court and obtained interim stay of the order impugned therein, and in such circumstances, pattadar passbook and title deed cannot be issued to the petitioner. It appears, thereafter, in view of the directions issued by this Court on 11.10.2007, while disposing of W.P.No.21708 of 2007 filed by the petitioner, the 2nd respondent has re-examined the claim of the petitioner and issued another endorsement dated 03.11.2007 stating that the claim of the petitioner cannot be considered for the reasons already stated in his previous endorsement dated 10.10.2007. Aggrieved thereby, the present writ petition is filed contending that the 2nd respondent erred in holding the subject land as a Government tank poramboke, though it is a ryothi land, and that he has no jurisdiction to change the classification of the land accepted by the Assistant Settlement Officer, Kakinada, and, granting lease in favour of third parties, when there is a ryotwari patta in his favour, is contrary to law and, having realized the same, the 1st respondent has rightly cancelled the leasehold rights conferred on such third parties and, therefore, the pendency of the said W.P.No.12946 of 2007 filed by those third parties has nothing to do with the issuance of pattadar passbook and title deed in his favour. The unofficial respondents i.e. respondents 3 to 11 have been impleaded on their filing W.P.M.P.No.5976 of 2008. It is their case that the subject land is Ava Tank Poramboke and it was leased out to Thimmapuram Sannakaru Vyavasaya Karmika Sangham i.e. the 3rd respondent herein, and they, being the members of the said Society, have been continuing in possession of the same, that the petitioner never cultivated the same at any point of time and he has no right over the same, and as against the endorsements of the 2nd respondent, the petitioner has an effective remedy of appeal before the Revenue Divisional Officer, under the A.P. Rights in Land and Pattadar Passbooks Act, 1971. They admit that the leasehold rights of the 3rd respondent Society were cancelled by the 1st respondent and, questioning the same, the Society filed W.P.No.12946 of 2007 before this Court and obtained interim stay of the order impugned therein. Heard the learned counsel on either side and perused the material made available on record. A thorough perusal of the endorsements dated 10.10.2007 and 03.11.2007 shows that the decision of the 2nd respondent is not a final decision taken after a detailed adjudication by considering the material produced by the petitioner as well as the pleas taken by him, but in view of certain circumstances, particularly in view of pendency of W.P.No.12946 of 2007 filed by the 3rd respondent Society and the interim orders passed therein, the claim of the petitioner was not considered, apart from the alleged reason that the subject land is a Government Tank Poramboke. However, it is brought to the notice of the Court that the said W.P.No.12946 of 2007 was disposed of by this Court on 04.03.2009, leaving it open to the petitioners therein to avail the remedy available before the Government or the Chief Commissioner of Land Administration against the order dated 03.05.2007, whereunder the land was resumed to the Government, and further it was directed that the respondents therein shall not alienate or assign the land in question therein nor shall they permit it to be put to other use. Therefore, it must be deemed that now there is no embargo on the 2nd respondent to decide the matter afresh on merits. In view of the above, the endorsements dated 10.10.2007 and 03.11.2007 are set aside and the matter is remanded to the 2nd respondent for consideration afresh as to issuance of pattadar passbook and title deed in respect of the subject land to the petitioner, in accordance with law, after considering all the objections raised by the unofficial respondents and after hearing all the parties concerned. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 17th June, 2009. IBL