Disposed

Jangala Chelamayya v. the State of Andhra Pradesh

Andhra Pradesh HC12 Aug 2021WP/16847/2021

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking a mandate to include the petitioners' names in revenue records and issue pattadar pass books and title deeds. The court directed the respondent authorities to dispose of the pending Meeseva applications within four weeks in compliance with the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971.

What did the court decide?

Direction to respondent Nos. 3 and 4 to dispose of online applications dated 25.01.2019 and 26.01.2019 within four weeks in compliance with the Andhra Pradesh Rights in Land and Pattadar Pass Books Ac

Jangala Chelamayya Vs the State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.16847 OF 2021

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ORDER :

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This petition under Article 226 of the Constitution of India is filed seeking the following relief:-

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“.... to issue a Writ of Mandamus, declaring the action of the respondents No 3 and 4 in not incorporating the petitioners name in the revenue records and not issuing the pattadar pass books and title deeds in favour of the petitioners for the lands in Sy No.162/6, 162/7, 167/6, 168/13, 171, 175/18, 193/4, 194/1, 194/18, 194/20, 195/2, 195/23, 196/50, 200, 202/3, 202/4, 202/6, 203/17, 203/18, 203/2, 203/28, 203/5, 203/A, 230/7, 239/5, 239/6, 242/23, 242/24, 243/1, 243/2, 245, 251, 254, 261/1, 262/13, 262/19, 263/23, 269/2, 271/1, 272/6, 272/7, 273/1, 274/13, 274/14, 274/16, 274/20, 274/24, 274/26, 274/27, 275/11, 275/12, 278/5, 300, 302, 303/1, 305/11, 305/2, 305/17, 305/19, 308/1, 309/16, 310/17, 311, 313/18, 313/23, 313/5, 314/5, 315/14, 315/23-A, 315/3, 322/10, 325/9, 335/1, 337/10, 337/14, 349, 351/9, 356/15, 356/2, 357/2, 358/14, 358/15, 358/5, 358/6, 359/1, 359/7, 367/1, 367/21, 369/7, 373/12, 373/14, 373/15, 374/10, 374/12, 374/13, 374/14, 374/2, 374/3, 374/5, 374/7, 375/14, 375/16, 375/22, 375/27, 384/2, 387/18, 387/19, 391/14, 391/3, 393/2, 395/14, 395/2, 397/10, 397/13, 397/7, 399/25, 399/29, 399/7, 400/10, 400/12, 400/17, 400/2, 400/20, 400/4, 401/14, 402/1, 402/6, 403/1, 403/10, 403/5, 404/6, 417, 428, 429, 544/1, 544/2, 544/3, 544/4, 545/1, 545/2, 545/3, 546/1, 549/2, 549/3, 549/4, 553/1, 553/2, 553/3, 554/1, 554/2, 555/2, 556/1, 556/2, 556/3, 557/1, 557/2 and 557/3 to an extent of Ac.180.50 cents situated at E.Bonangi Village Paravada Mandal Visakhapatnam District Sy. No.4/1, 87/6, 99, 102, 106, 119, 121, 124/1, 124/2, 126/1, 126/2, 159/18, 159/19, 258/32, 324 and 332 to an extent of Ac.41.79 cents situated at Parawada Village and Mandal Visakhapatnam District Sy. No.75, 87/1, 96/58, 144, 145 an extent of Ac.34.64 cents situated at Tanam Village Parawada Mandal Visakhapatnam District, Sy.No.1/5B, 7, 14/11, 12, 13, 14, 14/11B, 14/2, 16, 17, 20, 21/3A, 21/4, 22, 23, 24, 25/3B, 25/4B, 35/28, 35/21, 35/2A, 36/3, 36/4, 36/5A, 38/1, 41/2, 41/3, 41/4, 42/1, 42/2, 45/2B, 45/7B2, 45/7C2, 75/7E1, 46, 83/1B to 6, 87/1, 87/2, 88/1, 88/2, 90/1, 93/1, 99/2, 102/1, 103/31B, 108/31B2, 105/22B, 103/2B, 105/20, 106/21, 106/22, 106/4B, 107, 108, 109/39B, 111, 117, 118, 120, 127/1, 128/1, 131, 131/1, 132, 133, 151, 154, 156/17, 156/27, 156/33, 156/34, 208/5, 209, 210, 213, 215/2, 217/1, 218/1, 218/2, 216/3, 219, 220, 234/13, 234/14, 234/15, 234/16, 243/17, 240/22B to an extent of Ac.193.50 cents situated at Tadi Village, Parawada Mandal, Visakhapatnam District is highly illegal arbitrary unconstitutional and in violation of Articles 14 and 300-A of the Constitution of India and consequently direct the respondents Nos.3 and 4 to dispose of the Meeseva applications dated 25.1.2019 and 26.1.2019 submitted by the petitioners forthwith in accordance with law and pass such other order…."

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The case of petitioner in nutshell is that the 2^nd petitioner’s great grand father Sri Jangala Chelamayya Chetty had purchased the Edulapaka Bonangi Estate including Ac.610.00 cents of Zeroyti

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land under Registered sale deed dated 19.08.1929 from Vasantha Rao Venkata Jogarao Panthulu and family. After the death of Sri Jangala Chelamayya Chetty, his younger son Sri Jangala Narayana Rao used to look after the affairs of the said land.

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After advent of Andhra Pradesh (Andhra Area) Estates (Abolition and conversion into Ryotwari) Act, 1948, herein after called as Act, the then Tahsildar, Anakapalli issued notice under Rule (1) of Madras Estate Land (Reduction of Rent) Act, 1947 to Jangala Narayana Rao to hand over records relating to E-Bonangi Estate. Pursuant to the same, Sri Narayana Rao on 22.1.1951 handed over all the records of E-Bonangi Estate including original registered sale deed dated 19.8.1929 to him for which he had issued acknowledgment of receipt of records and application for grant of pattas and Inam Pattas and thereafter the Commissioner of Survey and Settlement determined the basic annual sum and the total compensation payable in respect of E-Bonangi Estate under Section 39 of the Act, only annual income of Revenue, but not issued any Zeroythi Pattas and Inam Pattas and the same was given to Sri Jangala Narayana Rao vide proceedings dated 27.12.1967.

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After demise of said Narayana Rao, his Son Jangala Chelamayya, who is the 1^st petitioner herein looking after the affairs of the said lands. It is submitted that the government has taken Ac.610.00 cents of Zeroythi land and Estate lands covered by registered sale deed dated 19.08.1929 and the original sale deed and record were taken by the government and to this effect acknowledgment was also given. In the acknowledgment given by Manager, Anakapalli Estate, the register of statements Inam rights and applications for grant of pattas were also taken over by him.

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Pursuant to the directions of this Hon’ble Court, the Joint Collector-cum-Settlement Officer, Visakhapatnam has conducted enquiry on the issue of granting ryotwari patta in their favour and judgment was reserved.

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While so, they made applications to the respondent Nos.3 and 4 through Mee-Seva dated 25.01.2019 and 26.01.2019 to mutate their names in the revenue records and to issue pattadar pass books and title deeds in their favour, as they have been in uninterrupted, continuous, peaceful possession and enjoyment of the subject land. So far the respondents have not taken any steps to mutate their names in the revenue records. Hence the writ petition.

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During hearing, Sri V.V.N.Narayana Rao, learned counsel for petitioners limited his request to direct the respondent Nos.3 and 4 to dispose of online applications dated 25.01.2019 and 26.01.2019 submitted by the petitioners before them through Mee Seva. Whereas, learned Assistant Government Pleader for Revenue readily agreed to dispose of the said applications, in accordance with law.

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Recording submissions of learned counsel for petitioners and learned Assistant Government Pleader for Revenue suffice it to issue a direction to the respondent Nos.3 and 4 to dispose of the online applications dated 25.01.2019 and 26.01.2019 submitted by the petitioners through Mee Seva, within four (04) weeks from the date of receipt of a copy of this order, if the said applications are incompliance of the mandatory requirement under the provisions of Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971(Act No. 26 of 1971) and rules framed therein.

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With the above direction, this Writ Petition is disposed of. No costs.

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As a sequel thereto, interlocutory applications pending, if any

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in the Writ Petition, shall also stand closed.

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JUSTICE M. SATYANARAYANA MURTHY

Date: 12.08.2021 sj

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITION NO.16847 OF 2021

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Date 12.08.2021

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Jangala Chelamayya v. the State of Andhra Pradesh

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Jangala Chelamayya v. the State of Andhra Pradesh

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