GOVERNMENT OF ANDHRA PRADESH Vs. CHILLA RAMA RAO

JUDGEMENT

(1.) This Writ Appeal preferred by the Government of Andhra Pradesh; the Commissioner of Survey, Settlements and Land Records; the Collector, Visakhapatnam District and the Mandal Revenue Officer, Visakhapatnam, the appellants 1 to 4 respectively, is directed against the judgment and order of the learned single Judge dated 29-8-2000 in Writ Petition No.4174 of 1999. The above writ petition was filed by the respondents herein assailing the validity of the Government Order G.O.Ms. No.793 Revenue (JA) Department, dated 13-10-1998. The learned Judge by the impugned order has set aside the said order of the Government.

(2.) The dispute arises under the Andhra Pradesh (Andhra Area) Estate Abolition and Conversion into Ryotwari Act, 1948 (for short 'the Act') and relates to grant of ground rent patta in favour of the writ petitioners by the Commissioner of Survey, Settlements and Land Records by his order dated 26-5-1982 in respect of an extent of Ac.3.50 cts. in T.S. No.52/l-Bl, Visakhapatnam Municipality. The said order of the Commissioner was set aside in revisional jurisdiction by the Government vide G.O.Ms. No.793, dated 13-10-1998 and the said revisional order of the Government was set aside by the learned single Judge.

(3.) The background facts as stated by the writ petitioners leading to the filing of the writ petition be noted briefly as under: The writ petitioners are the descendants of Late Nidrabangi Ramaswamy and Chilla Ramulu. N. Ramaswamy and Ch. Ramulu purchased Ac.13.25 from the land holders of Peda Waltair Estates under two instruments dated 12-5-1874 and 28-2-1883. There afterwards, N. Ramaswamy mortgaged a part of his land by registered deed dated 9-7-1919 in favour of one P. Appadu. Similarly, Ch. Ramulu also mortgaged a part of his land by registered mortgage deed dated 13-8-1919 to discharge debts for family necessities. Both of them subsequently sold Ac.6.75 in favour of M/s. L. Shahukar and Agarchand under a registered deed dated 2-6-1922. The recitals of these registered documents refer to earlier documents of purchase of land by them. M/s. N. Ramaswamy and Ch. Ramulu also sold land admeasuring Ac.3.00 and Ac.3.50 in two parcels to several persons for house sites. The purchasers had constructed houses long ago after obtaining necessary permissions and sanctions from the government authorities and concerned local bodies. Sale deed dated 2-6-1922 recites about mutation in town survey records thereby proving identity of the land. Town survey was conducted in 1922 and the land purchased by the ancestors of the petitioners were covered by T.S. No.52/l-Bl, Visakhapatnam and the petitioners have been paying non-agricultural tax on demand to the then Visakhapatnam Municipality. Town survey records disclose that the writ petitioners are the original owners. When the matter stood thus, an application was filed by N. Ramaswamy and Ch. Laxma Reddy before the 2nd appellant, the Commissioner of Survey, Settlements and Land Records under Section 19 of the Act for grant of ground rent patta. The Commissioner granted ground rent patta by his order dated 26-5-1982 in respect of Ac.3.5 in T.S. No.52/l-Bl. Block 4, Waltair Wards-2, Visakhapatnam, after hearing the petitioners and the Mandal Revenue Officer, Visakhapatnam. A claim for grant of ground rent patta for the same land was also made by one P. Narsingrao Reddy and his claim was rejected by the Commissioner by his order dated 27-4-1981 for want of evidence to prove the title. Later, the said P. Narsingrao Reddy filed a civil suit O.S. No.28 of 1979 on the file of the Principal Sub-Court, Visakhapatnam for declaration of title against the petitioners and the said suit was dismissed by judgment and decree dated 28-9-1994 holding the writ petitioners are the owners of the land. Later, some other persons connected with the said P. Narsingrao Reddy filed W.P.No.3093 of 1987 questioning the order of the Commissioner granting ground rent patta in favour of the writ petitioners by his orders dt.26-5-1982 and the said writ petition was dismissed by this Court on 22-7-1987. The Mandal Revenue Officer, Visakhapatnam, was a party to the said writ petition and the order made by this Court in W.P. No.3093 of 1987 was allowed to become final. When the matter stood thus, the 4th appellant-Mandal Revenue Officer filed revision before the Government of Andhra Pradesh after a lapse of 9 years and more and the Government of Andhra Pradesh set aside the order of the Commissioner dt. 26-5-1982 by its order G.O.Ms.No.793, dt. 13-10-1998.