M.A.V. RAGHAVACHARYULU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner states that their great grand father was granted inam in respect of Ac.3.14 cents of land in Survey No.29/6A of Vadapalli Village, Atreyapuram Mandal, East Godavari District way back in the year 1865. At one stage, the land is said to have been claimed and occupied by the administration of Sri Venkateswara Swami Devasthanam of that Village and thereupon, the grand father of the petitioner filed O.S.No.222 of 1946 in the Court of District Munsif, Rajole. On the basis of the decree passed therein, the possession of the property was recovered on 17.07.1949. The petitioner states that consequent to the enactment of A.P. (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, an application under Section 7 of that Act was filed and through order dated 30.06.1972, ryotwari patta was granted in their favour.

(2.) THE petitioner submits that on account of the employment, they left the village and taking advantage of the same, third parties are claiming rights. With a view to put the record straight, he submitted application in Form-6A prescribed under the A.P. Rights in Land and Pattadar Pass Books Act (for short 'the Act') before the Tahsildar, Atreyapuram Mandal, 3rd respondent herein with a request to issue pattadar pass books and title deeds. Through order, dated 30.01.2008, the 3rd respondent rejected the application stating that (a) the property is recorded in the name of Sri Venkateswara Swami Devasthanam and (b) that the petitioner is not in possession of the land either by direct cultivation or through tenants. Aggrieved by that, the petitioner filed an appeal before the Revenue Divisional Officer, Amalapuram. The appeal was dismissed on 30.11.2009. Thereupon, the petitioner filed a revision under Section 9 of the Act before the Joint Collector, East Godavari Distirct, 2nd respondent herein. The revision was rejected through order, dated 30.05.2012. Hence, this writ petition.

(3.) LEARNED Government Pleader for Revenue on the other hand submits that even if an individual holds title to land, it is only when he is found to be in possession of the same, that pattadar pass books and tile deeds can be issued. He submits that the entries in the revenue records as they stand now, reflect the ownership of the land with the Temple.