The Government Of Andhra Pradesh & Ors vs M. Krishnaveni & Ors

The following factual matrix would be necessary to appreciate the controversy and issues involved in these appeals. One Thota Chinna Seetaramaiah purchased land measuring acres 119.09 guntas in Survey Nos. 68/1,2; 214/1,2,3; 208 to 213 in Kondapur Village near Hyderabad City. He performed the marriage of his eldest daughter, K. Pramila Rani, respondent herein on 21.8.1964. His two other daughters, namely, P. Rukmini and M. Krishnaveni, respondents were married on 9.6.1974 and 10.6.1974 respectively.

The case of the parties before the High Court was that as on 17.02.1976, T. Chinna Seetharamaiah was mentally incapacitated. His wife Smt. T. Rama Tulsamma on behalf of her husband, for herself, two major sons, namely, T. Sri Ram Mohan, T. Satish Chandar, and minor son T. Sai Kumar, filed joint declaration of their shares to the land under Section 6 of the Act on 15.09.1976. Declaration on behalf of Smt. P. Rukmini was filed by her brother T. Sri Ram Mohan and on behalf of Smt. M. Krishnaveni by her husband M. Mohan Rao. No declaration was filed by or on behalf of K. Pramila Rani, the eldest daughter of T. Chinna Seetharamaiah, whose marriage was performed on 28.01.1964. The declarants, Smt. P. Rukmini and Smt. M. Krishnaveni, in their declarations, declared that the shares in the land owned by their father were given to them at the time of their marriages as 'Pasupu Kumkuma' as per age-old custom and tradition among the community to which they belonged and such an allotment was approved by the High Court and the Supreme Court in their various earlier decisions. Under the scheme of the Act, T. Chinna Seetharamaiah, his wife Smt. T. Rama Tulsamma, and their minor son, T. Sai Kumar, were together entitled to one unit whereas the two major sons, namely, T. Satish Chandar and T. Sri Ram Mohan, were entitled to one unit each. The declarations were filed by the declarants in Form I on 23.07.1979 giving details of the description of the property, its location and total extent of the land held by them. The competent authority on 23.07.1979 issued a Draft Statement under Section 8(1) and Notice under Section 8(3) of the Act, determining the surplus area after giving one unit to T. Chinna Seetharamaiah, his wife and minor son T. Sai Kumar and one unit each to the two major sons. The daughters were held not entitled to any share in the property. The declarants were advised to file objections, if any, within 30 days of the receipt of the notice and statement of declaration. All the declarants, except the daughters of T Chinna Seetharamaiah, filed a joint petition on 27.08.1979 stating that they have no objection for the surrender of the excess land as determined by the competent authority. The final statement under Section 9 of the Act was issued confirming the draft statement on 30.08.1979. On 11.09.1979, the notification under Section 10(1) of the Act was issued which was published in the Official Gazette No. 38 dated 20.09.1979 and declaration under Section 10(3) of the Act was issued on 09.10.1979 which was published in the Official Gazette No. 68 dated 11.10.1979 notifying the vestment of the surplus land with the State Government w.e.f 15.11.1979 free from all encumbrances. On 23.11.1979, a notice under Section 10(5) of the Act was issued directing the declarants to surrender the surplus land within 10 days of the receipt of the said notice. The said notice was received by the declarants T. Rama Tulsamma, T. Satish Chander, T. Sri Ram Mohan and T. Sai Kumar on 28.07.1980 who voluntarily surrendered possession of the surplus land to the inquiry officer, who took over possession under a Panchanama duly signed by the declarants on 18.07.1980. As per the averments of the appellants, the surplus lands so surrendered by the declarants were handed over to the Social Welfare Department on 18.07.1980 as per the decision of the State Government in G.O.Ms. No. 3072 (Revenue) (UCI) Department dated 14.07.1980. Subsequently, the land has been handed over to the Commandant 8th Battalion of A.P. Special Police Force, Kondapur, by the Social Welfare Department on 12.10.1982. Thereafter, proceedings under Section 11 of the Act fixing the compensation amount payable to the declarants were initiated on 28.07.1980, which were not seriously contested by the declarants. 25% amount of the compensation was paid in cash to the T. Rama Tulsamma for herself, her husband, minor son and two major sons on 17.09.1980. The balance 75% of the compensation amount was paid in Government Bonds to T. Rama Tulsamma and the two major sons on 31.07.1987. T. Chinna Seetharamaiah died on 07.10.1987. Smt. T. Rama Tulsamma died on 02.03.1990. The three sons filed a joint statement furnishing the details regarding the retainable area by them on 26.08.1990.

We have duly and thoughtfully considered the respective contentions of the learned counsel for the parties. The scheme of the Act, as briefly noticed above, envisages an inquiry by the authority and thereafter decide the objection raised by the contesting parties, i.e. it envisages application of mind to the controversy raised. On examination of the judgment and order of the High Court, it is not in dispute that individual notice was not served on the declarants. A joint declaration was submitted by the deceased late T. Chinna Seetharamaiah, his wife late T. Rama Tulsamma, and minor son T. Sai Kumar, claiming one unit for themselves and one unit each to the two major sons. After the submission of the declaration, the competent authority further proceeded in the matter on the basis of the statement filed under Section 6 of the Act and prepared the draft statement in respect of those declarants as envisaged under Section 8 of the Act. The objections under Section 8(3) were invited, but T. Satish Chandar, T. Sri Ram Mohan and T. Sai Kumar did not choose to file any objections and on the contrary they voluntarily surrendered the excess land to the State Government. On examination of the record of appeals, we find that T. Chinna Seetharamaiah, his wife T. Rama Tulsamma and two sons T. Sri Ram Mohan and T. Satish Chandar addressed a communication dated 27.08.1979 (Annexure P-2) in reply to the notice under Section 8(3) of the Act, stating that they had no objection to the excess land declared and they were prepared to surrender the land under the provisions of the Act. The competent authority thereafter passed the final order under Section 10 of the Act on 18.07.1980 acquiring the excess land surrendered by the said declarants and directed them to surrender the possession of the land vested in the State Government. The land so vested was thereafter allotted to the Social Welfare Department on 14.07.1980 itself which, in turn, was handed over to the Police Department for their use and occupation. The authority then started proceedings under Section 11 of the Act fixing the amount of compensation payable to T. Chinna Seetharamaiah, his wife T. Rama Tulsamma, sons T. Sri Ram Mohan, T. Satish Chandar and T. Sai Kumar. It is proved on record that 25% of the amount of compensation was paid in cash to the declarants on 17.09.1980. 75% of the remaining compensation amount was paid in Government Bonds to the wife and two major sons. As the deceased T. Chinna Seetharamaiah and his wife T. Rama Tulsamma and their three sons did not file any objection as envisaged under the Act, in principle, it must be accepted that they had no objection in respect of their shares of land having vested in the State Government. They have voluntarily surrendered the excess land beyond the ceiling limit to the State Government free from all encumbrances; accepted the amount of compensation without raising any objection or claim and also handed over the vacant land to the State Government. The proceedings initiated and completed by the competent authority could not be found to be arbitrary, perverse or illegal on the facts of the case or in violation of the provisions of the Act and/or Rules framed thereunder. The judgment and order of the Division Bench of the High Court, upholding the order of the learned Single Judge allowing the Writ Petition No. 28491/98 filed by T. Satish Chandar [Writ Appeal No. 439/1999], Writ Petition No. 28390/98 filed by T. Sri Ram Mohan [Writ Appeal No. 441/1999], Writ Petition No. 28874/98 filed by T. Sai Kumar [Writ Appeal No. 442/1999] is not sustainable and shall stand set aside. The above writ petitions of those petitioners are, accordingly, dismissed. Smt. P. Rukmini and Smt. M. Krishnaveni, daughters of late T. Chinna Seetharamaiah, were married on 09.06.1974 and 10.06.1974 respectively before the appointed day of the enforcement of the Act. As per the family arrangement dated 13.11.1970, they were given some extent of lands at the time of their marriages under the age-old custom of 'Pasupu Kumkuma' by their father T. Chinna Seetharamaiah. The declaration on behalf of Smt. P. Rukmini was filed by her brother, T. Sri Ram Mohan, on 13.07.1976 declaring her share of the land in Survey No. 208 gifted to her by her father at the time of her marriage. In the statement under sub-section (1) of Section 6 of the Act filed by her brother on 13.07.1976, it finds mentioned against Column No. 16 dealing with the particulars of the land which is desired to be retained and the land which is proposed to be surrendered that Smt. P. Rukmini was unable to make up her mind with regard to the retention of the land by her and the land she proposed to surrender. It was also stated at page 209 of the appeal paper books that details would be furnished by her at the time of enquiry. Mr. M. Mohan Rao, husband of Smt. M. Krishnaveni- declarant, filed a statement under sub-Section (1) of Section 6 in Form I on her behalf claiming share of land in Survey No.209 as per the family arrangement made on 13.11.1970 by the father of Smt. M. Krishnaveni. In the statement made on 13.09.1976 by M. Mohan Rao on behalf of his wife, it finds mentioned against Column No. 16, "Smt. Krishnaveni was unable to make up her mind at that time to furnish the particulars of land which was desired to be retained and the land which was proposed to be surrendered by her and the details would be furnished at the time of enquiry to be conducted by the competent authority in terms of the provisions of the Act".

The respondents have filed plan and other additional documents along with I. A. Nos. 31-36/2006. No counter to the said interlocutory applications appears to have been filed by the appellants non-applicants. On a perusal of the said plan, it becomes clear that it is prepared by the Assistant Director (HQS) S & LRs, Hyderabad, consequent to the order of the High Court dated 10.11.1999 in W.A. Nos.438 to 443 of 1999, depicting the vacant land and the extent of the area occupied under constructions. The Plan would show that an area to the extent of Ac 41- 03 Gts. shown in blue colour is lying vacant on the spot. The Plan is signed by one G.P. for o/o Advocate General on 17.11.1999. It also reveals that an area of Sy. No. 208 and Sy. No. 209 given to Smt. P. Rukmini and Smt. M. Krishnaveni by their late father in family arrangement on 13.11.1970 is still lying vacant on the spot. Thus, the contention of the learned senior counsel for the appellants that Smt. P. Rukmini and Smt. M. Krishnaveni, for the first time, have raised the claim of their shares to the land on the basis of the alleged family settlement in the writ petitions filed by them, does not merit acceptance. Both these declarants had filed their declarations in the year 1976 immediately after enforcement of the Act and it was mandatory obligation and duty in law of the competent authority to have held inquiry in the matter and considered their objections, if any. As the competent authority has failed to exercise its jurisdiction vested in it by law, in our view, therefore, the learned Judges of the High Court have rightly quashed the proceedings taken against the declarants Smt. P. Rukmini and Smt. M. Krishnaveni ordering the vestment of their respective shares of lands in the State Government. Hence, the judgment and order of Division Bench dismissing the Writ Appeals of the appellants and upholding the order of the learned Single Judge in Writ Petition No. 28157/1998 titled M. Krishnaveni v. The Govt. of A.P. & Anr. and Writ Petition No.28157/98 titled P. Rukmini v. The Govt. of A.P. & Anr. in no circumstances could be said to be infirm or faulty. Consequently, C. A. Nos. 5309 and 5311 of 2000 filed by the appellants against Smt. M. Krishnaveni and Smt. P. Rukmini respectively shall stand dismissed. The appellants are directed to hold an independent inquiry in terms of the provisions of the Act and Rules framed thereunder into the claims of the declarants Smt. M. Krishnaveni and Smt. P. Rukmini. The inquiry shall be completed within two months from the date of receipt of this order.

For the foregoing reasons, the judgment and order of the Division Bench of the High Court, upholding the order of the learned Single Judge to the extent of granting relief to Smt. K. Pramila Rani, is not sustainable and it is accordingly set aside. Consequently, W. P. No. 28292/98 filed by Smt. K. Pramila Rani shall stand dismissed.

In the result, Civil Appeal Nos. 5309 and 5311 of 2000 filed by the appellants against Smt. P. Rukmini and Smt. M. Krishnaveni are dismissed. The other appeals filed by the appellants against the respondents T. Satish Chandar, T. Sri Ram Mohan and T. Sai Kumar are, accordingly, allowed. Resultantly, the Writ Petitions filed by the respondents- petitioners other than Smt. P. Rukmini and Smt. M. Krishnaveni are dismissed. In the facts and circumstances of the case, the parties are left to bear their own costs.