THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.9878 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Heard Sri G.Tuhin Kumar, learned counsel for the petitioner, Sri P.V.Vidya Sagar, learned counsel appearing for R-1, learned Government Pleader appearing for respondents 2 to 4 and Sri V.Hariharan, learned counsel appearing for R-5. 2. Petitioner questions the order of the Lokayuktha, dated 03-07-2007, in complaint No.1111/2006/B2 and the consequential order passed by the District Collector, Srikakulam District, in Rc.No.3418/06, dated 25-10-2008, as the same is illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India. 3. The 5th respondent herein filed a complaint before the Lokayuktha on 21-09-2006 stating that he and his family members are the inamdars of the land in Sy.Nos.1 to 27 situated at Seethadevipuram Village, Vangara Mandal, Srikakulam District, and after inam Abolition Act, 1/3rd land was given to the inamdars and pattas were also issued to them in the year 1983 under Patta No.2/83 in respect of their 1/3rd share. As they are not residing in the said village and they are residing in different places for their livelihood, the uncle of the 5th respondent, who is stationed at that place tried to get their share through the Mandal Revenue Officer, but he could not succeed. In the year 2004, his uncle approached the 5th respondent to take up the matter with the revenue authorities. In the year 2005, the 5th respondent approached the revenue authorities and gave a letter to the Mandal Revenue Officer requesting to demarcate the land and handover their share of land, but no action has been taken by the revenue authorities. Therefore, he brought the same to the notice of the Lokayuktha to consider as to whether there is any possibility to get their share of land and also advise them as how to proceed with the matter. 4. The said complaint was entertained by the Lokayuktha and a report was called for from the District Collector, Srikakulam, vide its order, dated 24-04-2007. Pursuant to the said order of the Lokayuktha, the District Collector, Srikakulam, vide his letter, dated 30-06-2007 informed that the enquiry under Inam Abolition Act in respect of Seethadevipuram Village was conducted during the year 1981 and completed during the year 1983. The total inam land of 176.94 cents was surveyed and 1/3rd and 2/3rd shares between the inamdars and tenants were apportioned and ryotwari patta in From No.VIII was issued showing the shares between inamdars and tenants. 5. It was further informed that the only course available to the 5th respondent is to prefer an appeal under Section 7(2) of Inam Abolition Act, 1956, before the Revenue Court i.e., Revenue Divisional Officer within 60 days, if he is aggrieved by grant of ryotwari patta by the Tahsildar. But, no such appeal has been filed and therefore, the order of the Tahsildar has become final. Therefore, it was informed that it is not possible to re-examine the request of the 5th respondent at this distance of time and he was advised to approach the competent court of law to safeguard the rights if any over the land for which ryotwari patta was granted. 6. Basing on the said letter, the Lokayuktha advised the 5th respondent to take legal course of filing an appeal against the order of the Tahsildar, Vangara, if he is aggrieved by the said order, if necessary by filing a delay condonation petition. 7. It was further held that the report of the District Collector, dated 30-06-2007, does not disclose any steps taken by himself and the Tahsildar, Vangara, regarding cancellation of pattas granted to the ryots in respect of 1/3rd share to which inamdars are entitled. Therefore, the District Collector, was asked to take necessary steps for cancellation of pattas granted to the ryots in respect of 1/3rd share of inamdards by ignoring the entries in the survey and land record and field measurement book as mentioned in his report, dated 13-12-2006. 8. Pursuant to the said order of the Lokayuktha, dated 03-07-2007, the District Collector, Srikakulam, issued an urgent show cause notice, dated 30-08-2008 to 58 tenants in exercise of his power conferred under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971, as to why pattadar pass books and title deeds issued in their favour shall not be cancelled. 9. It appears that pursuant to the said show cause notice, the petitioner and others appeared before the District Collector and thereafter, the District Collector passed final order, dated 25- 10-2008, cancelling the pattadar pass books and title deeds issued in favour of 58 tenants in respect of 1/3rd share i.e., Ac.100-04 cents and directed the Tahsildar, Vangara, to survey afresh after issuing notice and conduct enquiry for issuance of pattadar pass books and title deeds to the real owners. Questioning the order of the Lokayuktha, dated 03-07-2007, urgent show cause notice, dated 30-08-2008, as well as the final order, dated 25-10-2008, issued by the District Collector, this writ of Certiorari is filed. 10. It is the case of the petitioner that he is in peaceful possession and enjoyment of the land of Ac.6-32 cents in Sy.Nos.16/17, 22, 17/2, 6, 9, 19/3, 7, 20/4, 15, 21/5, 17 and 22/12 and similarly, other tenants are also in peaceful possession and enjoyment of the land having obtained pattadar pass books and title deeds. 11. The 2nd respondent filed counter stating that pursuant to the order passed under the Inam Abolition Act, the survey of the fields has been conducted in the year 1982 and the records were prepared and apportioned 1/3rd and 2/3rd shares of the land between inamdars and ryots. Final notification was published in the District Gazette Gazette vide Rc.No.3455/77 R, dated 26-03-1977 by the then Sub-Collector, Parvathipuram. The entire Sub-Division records were also prepared showing 1/3rd and 2/3rd shares between cultivating ryots and inamdars. It is stated that the total extent of the land is Ac.176-91 cents, in which, certain Government land was also included. 12. Learned counsel for the petitioner submits that the pattadar pass books and title deeds were issued in the year 1987 and most of the tenants have died, and pursuant to the urgent notice, dated 30-08-2008, issued by the District Collector, a representation was also filed stating that notices are required to be served on all the tenants and to that effect, a request was also made through an Advocate to serve notices on the legal heirs of the tenants, who are no more, but the District Collector passed the final order pursuant to the directions issued by the Lokayuktha. 13. We have perused the records. 14. The 5th respondent did not state anything about issuance of pattadar pass books and title deeds in respect of shares of inamdars in favour of the tenants. The whole complaint was with regard to the complaint about the uncle of the 5th respondent, who tried to get their share of the land and that the effort of the 5th respondent by approaching the revenue authorities was in vain. Therefore, he brought the same to the notice of the Lokayuktha to advice as to whether there is any possibility to get their share of land and also advise them as to how to proceed with the matter. 15. If that is the complaint, we are of the opinion that the Lokayuktha simply ought to have advised the complainant to take the help of the Legal Practitioner rather than proceeding the manner in which it was proceeded without there being any grievance in the complaint. 16. Under Section 7 of the Lokayuktha Act, 1983, the Lokayuktha is entitled to investigate the allegations, which have been made against a public servant. 17. The allegation is defined under Section 2(b) of the Lokayuktha Act, 1983, which reads as follows:- “‘allegation’ in relation to a public servant means any affirmation that such public servant- (i) has abused his position as such, to obtain any gain or favour to himself or to any other person, or to cause undue harm or hardship to any other person; (ii) was actuated in the discharge of his functions as such public servant by improper or corrupt motive and thereby caused loss to the State or any member or section of the public; or (iii) is guilty of corruption, or lack of integrity in his capacity as such public servant;” 18. A perusal of the said complaint does not show any ingredients entitling the Lokayuktha to take up investigation under Section 7 of the Lokayuktha Act. However, as per the report of the District Collector, the enquiry under the Inam Abolition Act was completed in the 1983 itself. According to the petitioner, pattadar pass books were also issued somewhere in the year 1987. 19. If that be so, if the cultivating ryots have been issued title deeds and pattadar pass books in respect of the lands of the inamdars, the only course open for the inamdars is to take appropriate steps either under the Inam Abolition Act, 1956, or under the A.P. Rights in Land and Pattadar Pass Books Act, 1971. 20. Under Section 8(2) of the A.P.Lokayuktha Act, 1983, the Lokayuktha shall not investigate any complaint involving an allegation, if the complaint is made after the expiry of six years from the date on which the action complained against is alleged to have been taken place. 21. In the instant case, there is no allegation with regard to issuance of pattadar pass books and title deeds in respect of ryots in violation of Inam Abolition Act, 1956, or the A.P. Rights in Land and Pattadar Pass Books Act, 1971. Therefore, we are of the opinion that the Lokayuka ought not to have entertained the said complaint at all, more so, when the complaint does not disclose any allegations against the ryots. Pursuant to the order of the Lokayuktha alone, urgent show- cause notice was issued by the District Collector without there being any appeal or revision under Section 9 of the A.P. Rights in Land and Pattadar Pass Books Act, 1971. Therefore, we are of the opinion that the order of the Lokayuktha and consequential notice as well as the final order passed by the District Collector are without jurisdiction and accordingly, they are liable to be quashed. 22. Accordingly, the writ petition is allowed with costs of Rs.5,000/-, which are payable by R-1 and R-5 at the rate of Rs.2,500/- each, setting aside the order, dated 03-07-2007, passed by the Lokayuktha as well as the final order, dated 25-10-2008, passed by the District Collector, Srikakulam. However, we are not inclined to express any opinion with regard to the remedies available to the 5th respondent and if he is entitled for any remedy, it is always open to him to avail such remedy in accordance with law. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Dated: 10-08-2009 Prv