Allowed

Kattamanchi Dhananjayulu, v. The State of Andhra Pradesh

Andhra Pradesh HC5 Dec 2022WP/26619/2015

Case brief

AI extract

What is this about?

The High Court directed the 4th respondent to implement the Ryotwari Patta granted in the petitioner's favor and mutate the subject lands in revenue records within two months, holding the delay as a failure to perform statutory duty.

What did the court decide?

The petitioner was granted a direction to the 4th respondent to implement the proceedings in S.R.No.03/2012 dated 19.12.2012 and mutate the lands in village accounts within two months.

Kattamanchi Dhananjayulu, Vs The… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.26619 of 2015

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ORDER

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This petition is filed under Article 226 of the Constitution

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of India, seeking the following relief:-

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“….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the respondent No.4 in implementing the Ryotwari Patta granted in petitioner favor for the land in an extent of Ac.0.30 cents in Survey No.351/3, Ac.0.47 cents in Survey No.357/6 and Ac.0.25 cents in Survey No.357/7 of Tiruchanur Village fields, Tirupathi Rural Mandal, Chittoor District by the Inam Deputy Tahsildar, Chittoor District vide proceedings in I.D.T.No.180/2012 dated 19.12.2012 as arbitrary, illegal, abdication of statutory duty cast on him and violative of fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to implement the Ryotwari Patta granted in petitioner favour through the proceedings I D T No.180/2012 dated 19.12.2012 by the Inam Deputy Tahsildar, Chittoor…”

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The brief facts of the case of the petitioner are that the petitioner purchased the subject lands from the Inamdars under the registered sale deeds dated 23.07.2003. 07.10.2004 and 02.02.2005 vide document Nos. 2554 of 2003, 5709 of 2004 and 748 of 2005 respectively. Thereafter, on claim petitions filed by the petitioner on 03.11.2012 for grant of Rytwari patta, after conducting the enquiry contemplated under the provisions of the Act, 1956, the Inams Deputy Tahsildar, Chittoor, granted

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Ryotwari Patta to the subject lands along with other lands vide proceedings in IDT No.180/2012 dated 19.12.2012.

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Later, the petitioner made an application to the 4^th respondent to implement the Ryotwari patta granted in his favour and also mutate the same in the revenue records also. On that 4^th respondent addressed a letter to the 3^rd respondent vide ROC.B/145/2013 dated 27.04.2013 requesting to furnish the information as to whether any appeal is preferred against the proceedings in IDT.No.180/2012 dated 19.12.2012 and in turn the 3^rd respondent also addressed a letter to the 4^th respondent vide L.Dis.G/3145/2013 dated 11.06.2013 informing that there are no appeals pending against the proceedings issued in favour of the petitioner with regard to subject lands. But, in spite of the same, the 4^th respondent failed to implement the Ryotwari patta granted in favour of the petitioner for the subject lands. Hence, the Writ Petition.

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The 4^th respondent filed counter contending that the petitioner made an application on 30.04.2013 stating that he was granted ryotwari patta vide SR.No.03/2012 on 19-12-2012 for the following lands and requested for implementation of the said patta in the revenue records of Tiruchanur village, Tirupati Rural Mandal, Chittoor District.

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Sl.No.	Survey No.	Classification	Total Extent	Claim Extent
1.	301/1	Inam Dry	0.82	0.10
2.	351/3	AWD	0.89	0.30
3.	357/3	Inam Dry	2.45	0.94 ½
4.	357/5	Inam Dry	0.32	0.32
5.	357/6	Inam Dry	0.47	0.47
6.	357/7	Inam Dry	0.25	0.25
7.	296/10	Inam Dry	0.32	0.12
			Total:	2.50 ½ cents

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On that the matter has been referred to the Inams Deputy Tahsildar, Chittoor for confirmation on the genuineness of the patta produced by the petitioner. On that the Inams Deputy Tahsildar, Chittoor has confirmed that the patta has been granted for total extent of Ac.2.20 ½ cents excluding the land in Survey No.351/3 measuring Ac.0.30 cents, since it is a Government Land. Further, the lands in survey No.357/6 admeasuring Ac.0.47 cents and Ac.0.25 cents in survey No.357/7 were already granted in favour of one Etti Rajagopal Reddy and Sreeramulu Reddy and they were implemented in the village accounts vide patta No.479 and 463 respectively. As such, the lands in survey No.351/3 admeasuring Ac.0.30 cents, survey No.357/6 measuring Ac.0.47 cents, survey No.357/7

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measuring Ac.0.25 cents have not been implemented in the Revenue records and rest of the lands totalling an extent of Ac.1.48 ½ cents have been ordered in the village accounts vide proceedings in D.Dis.No.G/393/2013 dated 08.11.2013 and implemented vide patta No.547.

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The proceedings itself is self-explanatory on the reasons for not considering the lands for implementation in village accounts. In this context, it is submitted that once any of the lands were granted by the primary authority and the Inams Deputy Tahsildar, Chittoor to anybody, if any other person is interested in the said lands, necessarily he has to file an appeal before the Appellate authority i.e., Revenue Divisional officer, Tirupati under Section 7(2) of A.P.Inams (Abolition & Conversion into Ryotwari) Act, 1956. Though the petitioner was informed the reasons for not implementing the petition schedule lands in village accounts, through proceedings, the petitioner has not chosen to avail the said remedy and filed this Writ Petition.

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Heard Sri.V.R.Reddy Kovvuri, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

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On perusal of the entire material on record, it is clear that as per the proceedings of the Inams Deputy Tahsildar, Chittoor,

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vide S.R.No.03/2012 dated 19.12.2012, it is clear that the petitioner was granted Ryotwari patta for the land admeasuring Ac.0.10 cents in survey No.301/1, an extent of Ac.0.30 cents in survey No.351/3, an extent of Ac.0.25 cents in survey No.357/7, an extent of Ac.0.32 cents in survey No.357/5, an extent of Ac.0.47 cents in survey No.357/6, an extent of Ac.0.12 cents in survey No.296/10 and an extent of Ac.0.94 ½ cents in survey No.357/3 totalling an extent of Ac.2.50 ½ cents of Tiruchanur village of Tirupati Rural Mandal, under the provisions of A.P.Inams(Abolitin and Conversion into Ryotwari) Act, 1956 and thereafter Form No.VIII was also issued by Inams Deputy Tahsildar, Collector’s office, Chittoor. On an application made by the petitioner, 4^th respondent addressed a letter to the 3^rd respondent vide ROC.B/145/2013 dated 27.04.2013, to know whether any appeal is preferred against the proceedings of the Inams Deputy Tahsildar, Chittoor, for which the 4^th respondent gave reply vide L.Dis.G/3145/2013 dated 11.06.2013 stating that „no appeals are pending against the orders of the Inams Deputy Tahsildar, Chittoor‟

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In view of the same, this court of the opinion that as the petitioner was granted Ryotwari patta for the land admeasuring Ac.0.10 cents in survey No.301/1, an extent of Ac.0.30 cents in survey No.351/3, an extent of Ac.0.25 cents in survey

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No.357/7, an extent of Ac.0.32 cents in survey No.357/5, an extent of Ac.0.47 cents in survey No.357/6, an extent of Ac.0.12 cents in survey No.296/10 and an extent of Ac.0.94 ½ cents in survey No.357/3 totalling an extent of Ac.2.50 ½ cents of Tiruchanur village of Tirupati Rural Mandal, this Court feels it appropriate to dispose of the Writ Petition by directing the respondents to implement the proceedings of the Inams Deputy Tahsildar, Chittoor dated 19-12-2012 in favour of the petitioner within a period of two(02) months from the date of receipt copy of the Order.

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Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

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JUSTICE V.SUJATHA

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Date : 05.12.2022 AVTP

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227

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.26619 of 2015

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Date : 05.12.2022

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AVTP

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Kattamanchi Dhananjayulu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Kattamanchi Dhananjayulu, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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