J.S. RANGA NAYAKULU Vs. DISTRICT COLLECTOR, VISAKHAPATNAM

JUDGEMENT

(1.) THE petitioners claim rights over the land in Sy.Nos.3, 11, 13 and 14/P of Purushottapuram Agraharam, Pendurthi Mandal, Visakhapatnam District. Their grievance is that even while an enquiry under Section 7(1) of the A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short ' the Inams Act') is pending, the respondents 1 to 3 are trying to disturb their possession and are taking steps to bring about a Ship Building Unit of the Indian Navy.

(2.) THE petitioners submit that they are in possession and enjoyment of the land, referred to above, and the application filed by them for grant of ryotwari patta is pending. The District Collector, the 1st respondent herein, initiated steps for alienation of the land in favour of the Indian Navy, in the year 2001. Petitioners they filed W.P.No.10938 of 2001. It is stated that in the course of hearing of the writ petition, it emerged that an enquiry under Section 7(1) of the Inams Act, on an appeal filed before the Revenue Divisional Officer, i.e., the 2nd respondent, is pending. Therefore, the petitioners wanted to withdraw the writ petition. Permission was accorded, leaving it open to them to pursue remedies. Status quo for a period of one month was directed to be maintained. The Appellate Authority was directed to complete the enquiry within that period, or to consider the feasibility of extending the status quo, beyond that date.

(3.) THE 3rd respondent further stated that out of the entire land in Sy.Nos.1 to 14 of Purushothampuram Agraharam, comprising of Sy.Nos.1 to 14, it is only the extent of 57 acres in other survey numbers, that is classified as dry or wet, and that the rest of land in Sy.Nos.1, 3 and 10 to 14 is classified as poramboke. According to him, the ryotwari patta under the Inams Act can be granted only in respect of the inam dry, or inam wet lands, and the question of granting any ryotwari patta in respect of the lands of inam poramboke, does not arise. It is stated that an extent of 101 acres handed over to the Indian Navy, the 4th respondent is part of poramboke of Purushothampuram Agraharam, and that the petitioners do not have any claim over that land.