T.C. RAJARATHNAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The long standing harassment of the mighty Government meted out to the original petitioner - T.C. Rajarathnam, who is a poor ryoth, depriving him from enjoying land of an extent of Ac.5-00 cents in S.No.78/2 (P) of Mangalam Village, Tirupathi Urban Mandal, Chittoor District, though the litigation attained finality in the Hon'ble Supreme Court lead to filing of this writ petition by the original petitioner - T.C. Rajarathnam, claiming writ of mandamus, declaring the action of the third respondent in including land of an extent of Ac.5-00 cents in S.No.78/2 (P) of Mangalam Village, Tirupathi Urban Mandal, Chittoor District from the list of properties prohibited from registration under Sec. 22-A(1) of the Registration Act, 1908, by treating the same as Government land, despite granting patta under Sec. 11(a) of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948, (for short the Act?) in favour of the original petitioner by Sri A.D.V. Reddy, Settlement Officer, Nellore, which is confirmed by the Hon'ble Apex Court in S.L.P.Nos.12594-12595 of 2016, as illegal, arbitrary, unjust and contrary to the law, so also to declare the rejection order of the fourth respondent dated Nil/09/2018 as illegal, arbitrary and contrary to law, consequently, direct the sixth respondent to delete the subject land from the list of properties prohibited from registration under Sec. 22-A(1) of the Registration Act, 1908.

(2.) The case of the petitioners in brief is that Petitioner No.1/late T.C. Rajarathnam purchased land of an extent of Ac.5-00 cents in S.No.78/2 (P) of Mangalam Village, Tirupathi Urban Mandal, Chittoor District (hereinafter referred as subject land) from one P. Padmanabhaiah through a registered sale deed in the year 1968 for valid consideration. The Estate of Mangalam Village was taken over by the Government under the provisions of the Act. Petitioner No.1 submitted a claim under Sec. 11(a) of the Act before the then Settlement Officer, Nellore claiming ryotwari patta forr the land purchased by him. After conducting enquiry, examining the witnesses and verifying the records, the Settlement Officer, Nellore, granted ryotwari patta over the subject land in SR.No.13/11(a)81 CGR dtd. 19/9/1981.

(3.) The Director of Settlement, Andhra Pradesh, Hyderabad has taken up suo-moto revision against grant of ryotwari patta under Sec. 5(2) of the Act, passed orders setting-aside the orders of the Settlement Officer, Nellore vide order in R.P.No.187/83 dtd. 20/8/1985.