A RAMALINGESWARA RAO Vs. G P FOR REVENUE

JUDGEMENT

(1.) CHALLENGE in this writ petition is against the order dated 02-05-2001 passed by the Commissioner, Appeals, Office of the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, on an appeal filed under Section 9(3) of A.P. Regulation 2/70 whereby and whereunder, the order passed by the Director of Settlements-2nd respondent in AP No.178/77, dated 5-11-1980 granting ryotwari patta to the 5th respondent herein has been confirmed.

(2.) THE petitioner is the daughter of Butchanna. She claims to be a tribal born and brought up in Dasayyapalem village, Hamlet of Buttayagudem village and Mandal. Karam Chenchappa is her grandfather. It is her plea that her grandfather Karam Chenchappa did Podu cultivation of the land called "Kondapakka Chenu" in R.S.No.987 some hundred years back. He was one of the Izaradars of the village. After his death, her grandfather cultivated the lands for thirty years during 1915 to 1945. Her grandfather died when her father was aged about ten years. Her principal plea is that her grandfather handed over the land to her maternal grandfather, namely, Tellam Musalappa, who gave the land on lease to Juttiga Ramana and Ganganna, sons of Juttiga Lakshmaiah of Muppinavarigudem village. They paid the lease amount for few years and later on, they stopped paying the lease amount and sold the land to the father of the 5th respondent, namely, Peda Satyam. The 5th respondent filed an application for grant of ryotwari patta before the Settlement Officer, Eluru and the same ended in rejection on 27-4-1977, vide S.R.No.7 of 1977. The 5th respondent filed an appeal being AP 178/77 before the Director of Settlements, Hyderabad. The appeal came to be allowed on 05-11-1980 on the ground that the transfer took place prior to enforcement of Act 1 of 1917 and that the lands have been in possession of non-tribals right from the year 1910. The father of the petitioner challenged the order of the Director of Settlements-2nd respondent in AP 178/77, dated 5-11-1980 by filing an appeal before the Special Commissioner and Director of Survey & Settlements, Government of Andhra Pradesh, Hyderabad-1st respondent. The said appeal ended in dismissal on 02-5-2001. Hence, this writ petition assailing the order of the 1st respondent confirming the order of the 2nd respondent in granting ryotwari patta in favour of the 5th respondent. For better understanding the grievance of the petitioner, I deem it appropriate to refer paragraphs 8 and 9 of the affidavit filed in support of the writ petition and they are thus:-

(3.) RESPONDENTS 1 to 4 filed common counter. N.V.V.Satyanarayana, Settlement Officer-Revenue Divisional Officer, Jangareddigudem has sworn to the affidavit. It is stated in the affidavit that as per the records available right from 1910, the land under dispute is in possession and enjoyment of non-tribals. The disputed land situates in Dasaiahpalem village. The villages Dasaiahpalem and Regulakunta are the hamlet villages of Buttaigudem Revenue village. The lands up to Survey Numbers 1011 are situated in Dasaiahpalem village and whereas the lands starting from Survey Numbers 1012 are situated in Regulakunta village as per the records available. The land in dispute is in possession and enjoyment of non-tribals from 1910. As per the document available, one Areti Venkata Ramaiah purchased the land from Asi Rajaiah and Kannaiah, who are tribals, under a registered document No.253/1910. Later, Juttiga Ganganna and Ramana, sons of Lakshmaiah sold their half share of land i.e., Ac.5.00 cents to Gubbala Satyanarayana under document No.1267/1955, who in turn, sold the same to Nandina Subba Rao S/o Janaki Ramaiah under document No.1641/1957. The other son of Lakshmaiah, namely, Rama Swamy also sold his remaining half share of land to Nandina Sri Rama Murthy who is another son of Janaki Ramaiah under Document No.1189/1958. The land is in occupation of respondent No.5.