STATE OF A.P. Vs. C.V.RAMANI

JUDGEMENT

(1.) Heard the Learned Advocate General appearing for the appellants, and Sri G.V.S. Mehar Kumar, learned counsel for the respondent.

(2.) The respondent herein sought issuance of a ryotwari patta under Sec. 11 of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (herein referred to as "Estates Abolition Act"), in relation to Ac.8.52 cents of land in R.S.No.17 of Krishnarayapuram Village, Pendurthi Mandal, Visakhapatnam District. This claim was made on the ground that the predecessors of the respondent had been in possession and enjoyment of the land from 1914 and as such, she would be entitled for grant of ryotwari patta. It was also the contention of the respondent that the aforesaid land of Ac.8.52 cents was converted into a private tank, called Venkappa tank, and the same had been constructed by her ancestors. The respondent also pointed out that the tank was wrongly noted as government poramboke tank during the re-survey operation and an application for change of classification of the land from government poramboke to zeroythi was filed. In consideration of this application, a memo No.41025/EA and AR/A1/2009, dtd. 6/7/2018, was issued by the government, declaring the tank to be a private tank belonging to the respondent and that it was not a government tank. The memo also stated that the respondent was entitled for grant of ryotwari patta under Sec. 11 (a) of the Estates Abolition Act.

(3.) It may also be noted that even prior to the above memo, the government had issued orders, dtd. 3/5/2013, and a further memo, dtd. 14/8/2015, permitting the change of classification of the land from tank to zeroythi and for implementation of the said orders. As the appellant authorities tried to re-open the issue, W.P.No.3292 of 2017 was filed by the respondent. This Writ Petition was disposed of with a direction to the respondents therein to complete the process of implementation of the government orders. The Writ Appeal, bearing W.A.No.548 of 2018, filed against such orders, was dismissed and contempt proceedings were initiated for implementation of the orders. The contempt proceedings resulted in a sentence of imprisonment to the Tahsildar of the Mandal. At that stage, the government issued a direction to approach the Joint Collector-cum-Settlement Officer, for grant of ryotwari patta. This Court, while dismissing W.A.No.548 of 2018, had directed the Joint Collector to receive the application and to process it also.