M. SUGUNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners 1 to 6 claim to be the absolute owners and possessors of different extents of land aggregating to Ac. 1.77 cents in Sy.No.241/3A2 to 241/3A6 of Tiruchanuru Village, Tirupati Rural Mandal, District and are assailing the correctness of the proceedings of the 2nd respondent in D.Dis.No.M1/19027(35)/4/2021 dated 15.07.2021, under which, the 2nd respondent refused to issue a No Objection Certificate (NOC) to the petitioners.

(2.) It is the case of the petitioners that certain land in Sy.No.241/3 of Tirupati had belonged to Sri Hathiramji Mutt, which is arrayed as 8th respondent in the present writ petition. This Mutt is said to have issued a Saswatha Patta, on 21.11.1940, to one Sri N.Kodanda Ramaiah, on the basis of which, the said person became the owner of the land. Thereafter, about two acres of land in survey No. 241 was alienated by Sri N. Kodanda Ramaiah to two brothers Sri V. Veerappa and Sri V. Gopalakrishnaiah, in 1970 and 1971, by way of registered deeds of sale. Subsequently, this land was transferred from person to person by way of a Registered Deeds of Sale with the petitioners becoming owners of Ac. 1.77 cents of land by way of Registered Deeds of Sale executed in their favour at various points of time.

(3.) As this land is said to have been governed by the provisions of the A.P (Andhra Area) Inam (Abolition and Conversion into Ryotwari) Act, 1956, applications had been made by the predecessor in title of the petitioners for conversion of the land into Ryotwari Patta and the same was granted on 14.06.1985 for an extent of Ac.1.60 cents of land in Sy.No.241/3 and another Ryotwari Patta was issued on 07.03.1986 to an extent of Ac.0.30 cents of land in Sy.No.241/3. These pattas were challenged before the revenue authorities and also by way of Writ Petitions and Writ Appeals before the erstwhile High Court of A.P. After various rounds of litigation, the orders granting Ryotwari pattas were confirmed. The latest orders in this regard being the order of the Commissioner of Appeals dated 23.09.2004 which was affirmed by the orders of a Division Bench of the erstwhile High Court of Andhra Pradesh, by it's judgement dated 08-02-2011 in W.P. No. 9667 of 2005 and W.A. No. 1106 of 2008 and the order of the Commissioner of Appeals dated 29.07.2013 which was affirmed by the orders of a learned single Judge of the erstwhile High Court of Andhra Pradesh, by judgement dated 21-09-2013 in W.P. No. 27510 of 2013. Thereafter, the Petitioners had filed W.P.No.19290 of 2013, in which a direction to mutate the revenue entries in their favour was granted and the same was done, on 13.03.2014, after a contempt case had been filed.