GOPU SUBBA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The subject-matter of these three writ petitions is similar, except that the survey numbers, extents and dates of proceedings are different. Kolanukonda of Tadepalli Mandal, Guntur District is an Inam Village, covered by the provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (for short 'the Act'). Proceedings were initiated before the Special Deputy Tahsildar (Inams) of the concerned area in respect of the land in Survey No. 19/1 and ryotwari pattas were granted over an extent of Acs. 34.57 cents of land, in favour of various persons including Agraharamdars. Part of that land was acquired by the Government and compensation was paid to the Agraharamdars.

(2.) The petitioners took bits of the said land in Survey No. 19/1 on lease from the Agraharamdars. Since the area is covered by the hillocks, they submitted applications before the authorities of the Mines and Geology Department for grant of leases to quarry rough stone. Orders, sanctioning lease were passed and lease deeds were executed on 1.12.2004, 13.10.2008 and 26.2.2009. Accordingly, the petitioners are carrying out mining operations, duly obtaining permission from the authorities concerned.

(3.) One Sri Krishna Shastry filed a revision under Section 14-A of the Act, challenging the ryotwari patta, granted in favour of a private individual in respect of a small extent of land in Survey No. 19/1. The Commissioner of Survey, Settlements and Land Records, Andhra Pradesh, Hyderabad (for short 'the Commissioner') allowed the revision on 11.3.1999. The Commissioner made an observation to the effect that since the land is covered by hillocks, it should vest in the Government, by operation of Section of 2-A of the Act, and that the entire matter pertaining to the grant of ryotwari patta in respect of the village, needs a fresh consideration.