DUVVUR RAJA GOPALA REDDY Vs. DISTRICT COLLECTOR NELLORE

JUDGEMENT

(1.) The Writ Petition is filed for a writ or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in implementing the order of the Settlement Officer, Nellore in SR.No.2/11(a)/60 GDR dated 12-6-1970 in respect of 62 cents of land in Sy.Nos. 85/6 and 47 cents of land in S.No. 88/1 situated in Siddavaram village, Kota Mandal, Neliore District and the further action of the respondents in seeking to dispossess the petitioner from the said land in order to induct third party landless poor persons treating the same as Government land as illegal, arbitrary, unjust, without jurisdiction and violative of the principles of natural justice and Article 300-A of the Constitution of India and consequently direct the respondents to implement the order of the Settlement Officer dated 12-6-1970 referred to above in the Revenue accounts in respect of the above said extents of land and to pass such other suitable orders.

(2.) The case of the petitioner is that theSettlement Officer granted ryotwari patta under Section 11 (a) of A.P. (A.A.) Estates (Abolition and Conversion into Ryotwari) Act, hereinafter in short referred to as "Act" in respect of A, B, C schedule lands in the proceedings SR No. 2/11(a)/60 GDR, dated 12-6-1970. The Settlement Officer declared in his order that the applicant Smt. Duvvur Mangamma who is the grand mother of the petitioner, duly established that herself and her predecessors have acquired occupancy rights for the schedule lands by virtue of long and continuous possession and also by payment of rents to the land holder and accordingly she was granted a ryotwari patta under Section 11 (a) of the Act in respect of various extents. It is also stated that no Revision had been filed against the said order either by Government or by any other person and the said order became final. Subsequent to the death of his grand mother and his father the petitioner has been in possession and enjoyment of the lands covered by the ryotwari patta and he has been regularly cultivating the said extent and enjoying the proceeds received therefrom. It is also stated that though the orders of the Settlement Officer had been implemented relating to other lands, for an extent of 62 cents of land in S.No. 85/6 and 47 cents in S.No. 88/1 of Siddavaram village the same had not been implemented and inasmuch as there was threat of dispossession, the present Writ Petition was filed. It is also stated that several representations had been made for the implementation of the order of the Settlement Officer.

(3.) The 1st respondent filed a counteraffidavit stating that one Rayapu Polaiah s/o. Chengaiah of Siddavaram village had represented on 5-2-1996 that he was granted 'D' form patta for an extent of Ac. 0-62 cents in S.No. 85/6 and Ac. 0-47 cents in S.No. 88/1 of Siddavaram village in F. Dis.No. 2530/71 dated 25-11-1961 and one Duvvuru Rajagopalareddy had encroached the said land and requested to restore the possession of the land. Similarly Duvvuru Rejagopalareddy s/o. Reghava Reddy of Siddavaram village also represented to the Mandal Revenue Officer, Kota on 8-4-1996 stating that the land in S.N. 85/6 measuring Ac. 0-62 cents and in S.No. 88/1 measuring Ac. 0-47 cents of Siddavaram village was granted ryotwari patta along with other lands in the name of his grand mother viz., Duvvuru Mangamma by the then Settlement Officer on 12-6-1970 and after her demise he got the land in succession being the next legal heir and requested for implementation of the ryotwari patta in the village records. The Mandal Revenue Officer, Kota enquired both the petitioners and during the enquriry it is noticed that the land under dispute is in possession and enjoyment of Duvvuru Rajagopal Reddy, grand son of Smt. Duvvuru Mangamma and the ryotwari patta was not implemented in the village records but D Form patta granted in favour of Rayapu Chengaiah in F.Dis.No. 2530/71 dated 25-11-1961 was implemented in 10(1) account of Siddavaram village under Patta No. 68 along with other lands granted to him in Siddavaram village. The then Sub- Collector, Gudur had observed that the lands assigned in favour of Rayapu Chengaiah were encroached by Duvvuru Rajogapalareddy and Ramchandrareddy and that the enjoyment of assigned land by a person other than the original assignee attracts the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act 1977 and directed the Mandal Revenue Officer, Kota to take immediate action to evict the encroachers and to restore the lands to the gpoor scheduled caste Rayapu Polaiah, son of the deceased assignee. As per the adangal for Fasli 1396 Rayapu Chengaiah is noted as enjoyer but in subsequent faslies D. Rajagopalareddy, the writ petitioner, is noted as enjoyer whereas the name of the assignee's son R. Polaiah is noted as pattadar. Rayapu Polaiah was given pattadar pass book also under Record of Rights Act for the said lands in dispute. Several other details relating to the enquiry also had been specified in detail in the counter affidavit.