ARYA VYSYA SANGAM Vs. SETTLEMENT OFFICER

JUDGEMENT

(1.) Mr. V. Rajagopal Reddy appearing for Mr.D.Sudhakar Rao submits that petitioner in W.P.No.1383/90 is an association under the name and style of "Arya Vysya Sangham", New Town, Anantapur, represented by its President Sri D. Viswanatha Gupta. The said association is dealing with the welfare of Vysya community is general and other communities. It is submitted that Acs. 2-79 cents in S.No.86/2 of Papampet village, Anantapur District was communal lands being used for the cremation and burial of dead bodies originally belonging to Vysya and Brahmin community and later it became burial ground for the entire Hindu community. In G.O.Ms.No.518, Revenue, dated 28-5-1974, the above said land of Acs. 2-79 cents was transferred from assessed waste to the burial ground Poramboke. In pursuance of the orders in the said G.O. the Tahsildar directed the Revenue Inspector to mutate the said lands in the name of the above said Association., and also the petitioner in W.P. No.4308/90. The fact is that the present S.No.86/2 of Papampet village is used as common burial ground and the dead bodies are being burried there.

(2.) Similar are the averments in W.P.No.4308/90 but only the petitioner therein is Brahmana Sangham, Anantapur, represented by its. Secretary

(3.) The learned counsel Sri Venkat Ramana appearing for respondents 5 and 6 in W.P. 1383/90 and for respondents in W.P.4308 /90 stated that respondents 6,7 and 8 are the contesting respondents and claiming title to the said land on the plea that the Papampet village of Anantapur District by virtue of A.P. (Andhra Areas) Estates Abolition Act 1958, Proceedings were initiated under the said Act and the pattas have been granted to the land holders under the provisions of the said Act by the Settlement Officer and respondent Nos.6 and 7 are the transferees of respondent No.5, the patta holder, and as such under the provisions of the Act they have been vested with the title and possession of the said land and further submitted that the petitioners have no manner of right to claim this property for the above said land is cultivable land and the said land wasnever part of any Poramboke or communal land. The said lands were never vested in the government. The claim of the petitioner Association is untenable under the provisions of the A,P. (Andhra Area) Estates Abolition Act and proceedings of issuing pattas were initiated by the Settlement Officer following the due procedure under the Rules. Notices were issued under Section 15 (1) Rule 3 of the A.P. (Andhra Area) Estates Abolition Act in the village Chowdi and by beat of Tom-Tom. The copies of the notices were served on the Tahsildar as well as the Karnam of Anantapur. Enquiry was held on24-5-1975atRevenue Divisional Officer's Office, Anantapur. In the entire proceedings covering the A.P. (Andhra Area) Estates Abolition Act, the Government has not claimed the above said lands. Under the scheme of the Act, the orders passed by the Settlement Officer are final subject only to the appellate provisions. Their right has been fructified as full title holders and in possession of the property at present.