MULLAPUDI JOGARAO Vs. SUB COLLECTOR NARASAPATNAM

JUDGEMENT

(1.) This Writ Petition has been referred to a Division Bench by Basi Reddy, J. The petitioner was appointed as Village Karnam of Etikoppaka in or about 1936. The Inam Deputy Tahsildar, Narasapatnam, issued a notice, dated 16th October, 1959, under rule 3 of the Rules framed under the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Act X,XXVII of 1956) calling upon the petitioner to furnish information on the question as to whether the land specified in the schedule attached to the notice was an inam land. The petitioner in response to the notice, filed a statement, dated 2Oth November, 1959, wherein he averred that the lands in respect of which the enquiry was contemplated, were enfranchised mirasi service inams situated in Etikoppaka village, and that those inams were enfranchised in or about 1906. He alleged that they were resumed and re-granted by the Government to the inamdar after levying full assessment. He submitted that the Inams Abolition Act had no application to the lands in question and the Deputy Tahsildar had no jurisdiction to convert the same into ryotwari lands. The Inam Deputy Tahsildar held that the lands in question were " Inam lands situated in an inam village and not held by any institution." Aggrieved by the decision of the Inam Deputy Tahsildar, the petitioner preferred an appeal to the Sub-Collector, Narasapatnam. The appellate tribunal dismissed the appeal and affirmed the decision of the original tribunal.

(2.) In this petition, it is averred that the order of the Sub-Collector, Narasapatnam (first respondent) is ultra vires, without jurisdiction and is vitiated by an error of law apparent on the face of the record. The petitioner has, therefore, prayed for the issue of a writ of certiorari to quash the order of the first respondent. It is contended by Mr. P. Kodandaramaiah, the learned Counsel for the petitioner, that the lands in question, which are covered by S. No. 22, 78 and 81 comprising extents of Ac. 1-41 1/2, Ac. 5-90 and Ac. 0-03 cents respectively are enfranchised mirasi inams and as such they are not ' inam lands ' within the meaning of section 2 (6) of the Inams Abolition Act. It is argued by the learned Counsel that the legal effect of enfranchisement of a service inam was to convert it into ordinary ryotwari tenure.

(3.) For a proper appreciation of the contentions raised in this petition, it is necessary to read the material provisions of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (Act XXXVII of 1956), hereinafter referred to as the ' Inams Abolition Act'. ' Inam land ' has been defined under section 2 (c) as any land in respect of which the grant in inam has been made, confinned or recognised by the Government, but as not including an inam constituting an estate under the Madras Estates Land Act, 1908. 'Inam village' has been defined as meaning a village designated as such in the revenue accounts of the Government and as including a village so designated immediately before it was notified and taken over ,by the Government under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. Section 3 provides the procedure for the determination of inam lands. It is therein provided that as soon as may be after the commencement of the Act, the Tahsildar may suo motu and shall on application enquire and determine : i. Whether a particular land in his jurisdiction is an mam land ; ii. Whether such inam land is in ryotwari, zamindari or inam village ; iii. Whether such inam land is held by any institution. Sub-sections (2) to (7) of section 3 provide for the mode of making enquiries. In the case of an inam land in an inam village, if such land is held by an institution on the date of the commencement of the Act, the institution shall be entitled to a ryotwari patta in respect of that land. Under section 4 (2) (6) it is provided that if such land is held by an inamdar other than an institution on the date of the commencement of the Act and if it is in his actual occupation on the said date, the tenant who is declared to be in occupation of that land on the 7th January, 1948, by the Revenue Court, shall be entitled to a ryotwari patta for two-thirds share of that land and the inamdar shall be entitled to a ryotwari patta for the remaining one-third share thereof.