SARVEPALLI RAMAIAH (DIED) AS PER LRS AND OTHERS Vs. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AND OTEHRS

JUDGEMENT

(1.) This appeal arises out of the judgment dated 22.02.2006 passed by the High Court of Andhra Pradesh in Writ Petition No. 1495 of 2004 in and by which the Division Bench upheld the order of the Single Judge thereby declining to interfere with the order of the District Collector in refusing to grant ryotwari patta in favour of the appellants.

(2.) Case of the appellants is that their predecessor-in-interest obtained a saswatha patta dated 31.12.1940 from Sri Hathiramjee Math for dry land admeasuring 6.00 acres T.D. No. 464 and predecessors of the appellants and the appellants have been in possession ever since. It is the case of appellants that they have obtained ryotwari patta dated 29.09.1980 in respect of admeasuring 6.00 acres of land corresponding to Inam No. 464 in Survey No. 234. Similarly, the appellants also obtained another ryotwari patta on 14.12.1980 for an extent of admeasuring 5.00 acres corresponding to Inam No. 464 in Survey No. 234. Appellant Sri Sarvepalli Ramaiah has filed Writ Petition No. 2759 of 1990 before the High Court seeking direction to the Tahsildar, Tirupati Rural for implementation of the patta granted to him by the Deputy Tahsildar vide order dated 29.09.1980 by making entries in the revenue. The said writ was disposed of by the High Court by order dated 19.03.1990 whereby the High Court directed the authorities to satisfy with reference to the relevant records whether the patta is genuine or not and if found to be genuine, they should be implemented.

(3.) The Mandal Revenue Officer, Tirupati Rural in his Ref. Roc. C.213/89 dated 20.06.1990 sought for clarification from the District Collector whether to implement the order of granting ryotwari patta to appellant Sarvepalli Ramaiah. The District Collector did not grant approval; rather 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 in the year 1980, issued Ryotwari pattas and the same are not valid and the subsequent sale deeds are also not valid.