SATYA PRAMODA TEERTHA SWAMULAVARU Vs. DISTRICT COLLECTOR GUNTUR

JUDGEMENT

(1.) The writ appeal and the letters patent appeal raise a common question. They have, therefore, been heard together.

(2.) The brief facts of the Letters Patent Appeal are: The appellant filed O.S. No. 52 of 1967 in the Court of the Subordinate Judge, Tenali for a declaration that the assessment on his inam lands which admeasure acres 129-09 cents is not valid. This question was raised regarding the assessments for fasli years 1372 to 1374, both inclusive. The central question raised in the plaint was that till Ryotwari patta is granted under section 12 of the Inams Abolition Act, no levy under the Inams Assessment Act can be made. Since the dispute regarding the grant of patta continued during the said fasli years, the assessment and levy under the Inams Assessment Act was not proper.

(3.) The trial Court, after framing issues and conducting an enquiry, by its judgment dated 31st January, 1968, decreed the plaintiff's suit holding that the assessment levied was invalid for the said fasli years.