JANAPAREDDI JAGAN MOHAN, SECUNDERABAD Vs. P. PADAYYA, VISAKHAPATNAM

JUDGEMENT

(1.) Heard learned counsel for petitioner, learned Government Pleader for respondents 59 to 61 and learned counsel for unofficial respondents.

(2.) The case of the petitioners is that they filed a petition under Sec. 56(1) of the Estate Abolition Act, 1948 before the Joint Collector and Settlement Officer, Visakhapatnam stating that the land in R.S.Nos.38/8, 36/9, 38/2, 3, 4, 47/7 and 47/2 measuring Acs.1.96 cents situated in Buchirajupalem Village originally belonged to Janapareddy Sansayya, predecessor in title of the petitioners, who was having two sons, namely Venkataswamy and Adinarayana. The said Sanyasayya was ryot in the above land and raised mango garden and other fruit bearing trees in the said land. He subleased the land for a period of three years on payment of Rs.13.00 per annum in instalments. On 17.06.1908, Neela Appayya executed a Kadapa in favour of sons of Sanyasayya, Venkataswamy and the sons of Adinarayana, Janapareddy Venkatreddy Naidu. On 17.11941, Bureddy Appanna, Bureddy Suryanarayana and Bureddy Lakshminarayana executed Kadapa in favour of Janapareddy Venkat Reddy Naidu, S/o Venkata Swamy Naidu and Janapareddy Adinarayana rama Rao, S/o Venkata Ramayya in respect of Acs.0.17 cents zeroyti dry land in survey No.63/1 for one year. On the same day, another Kadapa was executed by Bureddy people in favour of Venkata Reddy Naidu and another in respect of Acs.0.27 cents of land in survey No.62 in Patta No.38.

(3.) It is further stated that Buchirajupalem Village was notified as "Inam" and accordingly it was taken over by the Government on 07.01.1959. Settlement and survey operations were conducted and completed in the year 196 Since the predecessors in title were shown as pattadars for old patta No.36, the petitioners filed petition S.R.No.56(1) 1/98-VSP before the Joint Collector and Settlement Officer, Visakhapatnam for a declaration as lawful ryots for the land measuring Acs.1.96 cents in R.S.Nos.36/8, 9, 38/2, 3, 47/2 and 7 of Buchirajupalem Village along with relevant documents. The petition was disposed of on 19.09.1998 stating that a patta was already issued by the Settlement Officer, Visakhapatnam in favour of Bora Chiina Appalaswamy, Bora Appanna, Bureddy Pydayya, Apparao etc., the petitioners failed to produce any evidence and accordingly held that the claim for whole land is not maintainable. It was also held that the petitioners kept quiet for all these years and filed the claim petition after lapse of 40 years though the claims should have been filed within thirty days from the date of commencement of ryotwari settlement under Sec. 22 of the Act and no reason was shown for the delay. The petitioners filed T.A.No.10 of 1999 before the District Judge-cum-Appellate Estate Abolition Tribunal, Visakhapatnam, under Sec. 56(2) of the Estate Abolition Act and the same was also dismissed by order, dated 26.12.200 Challenging the said orders, the present writ petition was filed.