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

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 (1 = appeal accepted, 0 = rejected): 0

Explanation:
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.