NALLURI APPAYYA Vs. KANNAGANTI RATTAYYA AND OTHERS

JUDGEMENT

(1.) 1 This petition is filed under Article 226 of the Constitution for quashing the order of the Revenue Divisional Officer, Ongole, in I. A. P. No. 2 of 1962, dated 4-10-1962 confirming the order of the Inam Deputy Tahsildar. Bapatla, dated 2-12-1961, in I. A. No. 8364/59 on his file. The relevant facts may shortly be stated.

(2.) In the Village of Kotivanipalem in Bapatla taluq, Guntur District, there is a public tank of an extent of Ac. 30-20 covered by R. S. No. 110. An area of Ac. 16-44 in R. S. No. 201 of that Village was endowed sometime in the year 1777 for the maintenance and repairs to the said tank and the inam was confirmed by the Inams Commissioner as 'Dharmadayam', and Title deed No. 692 was issued. The Inams Deputy Tahsildar conducted an enquiry under Section 3 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, XXXVII of 1956. In that enquiry, the 1st respondent, Kanneganti Rattayya, denied the trust and claimed Patta for himself personally. The Petitioner herein opposed the claim. In the first instance, the Tahsildar, by his order dated 28-3-1960, held that the inam was granted to the tank,. But the Sub Collector, Ongole, in I. A. No. 50 of 1961, allowed the appeal and remanded the petition for fresh disposal. After remand, the Tahsildar, by his order dated 2-12-1961 held that the inam was not held by an institution.

(3.) That order was upheld by the Revenue Divisional Officer on 4-10-1962, which is now impugned.