K V N RAMARAO Vs. STATE OF ANDHRA

JUDGEMENT

(1.) This is a Writ Application to quash the order levying penal assessment by the Tahsildar, Tiruvur, in and by his order dated 2nd February, 1954. The petitioners owned a half share in the village of Penugolanu in Tiruvur Taluk of the Krishna District. The said village was notified as a zamin estate under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948) (hereinafter referred to as the Act) with effect on and from 7th September, 1950. The village, it is common ground, was notified and taken over by the Government under the provisions of the Act. On the 20th March, 1952, the landholders filed an application for a grant of a ryotwari patta under the provisions of the Act in respect of an extent of 61 acres 86 cents in the tank-bed of Vuracheruvu. The application was eventually dismissed by the Settlement Officer on the 30th October, 1952. The landholders preferred an appeal to the Estates Abolition Tribunal and the Tribunal by its order dated the 13th August, 1954, confirmed the order of the Settlement Officer rejecting the application of the landholders for a grant of ryotwari patta in respect of the lands above mentioned. On the 22nd January, 1954, while the appeal before the Tribunal was pending, the Revenue Inspectcr issued a B memo, which is in the following terms: This is an encroachment by Virginia Tobacco in 61 acres 86 cents in the tank-bed of Uracheruvu. The cultivation is done by the landholder.

(2.) This is an irrigation tank with a wet ayacut of about 100 acres. Cultivation of tank-bed is injurious to the bed and highly objectionable from' P.W.D., point of view. This needs heavy penalty and eviction in the ordinary course of things. But the landholder has applied for a ryotwari patta and the matter is pending before the Tribunal. The date of next hearing of the Tribunal in this case is 27th January, 1954." On this, the Tahsildar made an endorsement dated 2nd February, 1954, as follows: " Charge H.D.R., plus 19 times. by H.D.R. by the District."

(3.) The landholders filed a petition dated 15th February, 1954, to the District Collector, Krishna, requesting him to interfere in the matter. By his proceedings dated 16th February, 1954, the Collector passed the following order :