MULPURU VENKATARATNAMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners who purchased certain items of land in the year 1957 from the erstwhile landholders of Thotapalli Estate, claimed before the Assistant Settlement Officer that they are entitle d to the issue of ryotwari patta in respect of these lands. Though the lands were originally tank bed lands they claim that the tank had been abandoned from 1928 and that their predcessors in title have been cultivating the land ever since. They claimed a ryotwari patta invoking the provisions of both section 13 (a) and 13 (b) (iii) of the Estates Abolition Act.

(2.) So far as the claim under Section 13 (a) is concerned it may at once be stated that having regard to the admitted fact that the land was tank bed until 1928, it cannot be considered as private land within the meaning of section 3 (10) (b) of the Estates land Act. In order to claim the land as his private land the landholder must prove personal cultivation for a period of twelve years prior to 1st July, 1908 or for a continuous period of twelve years prior to 1st November, 1933 or that the land was the domain or home-farm land of the landholder. The personal cultivation for the periods mentioned has not been proved in this case and the land being known to be tank bed at its inception it could not come within the category of domain or homefarm land of the landholder.

(3.) In regard to the claim of the petitioners based on Section 13 (b) (iii) of the Estates Abolition Act, Mr. V. Venkataramaniah, learned Counsel appearing for the Government Pleader contends that since the land was admittedly tank bed land at the inception of the Estates Land Act of 1908 and since no steps were admittedly taken under section 2O-A of the Estate s Land Act to have the land converted into land-holders ryoti land, the land is expressly excluded from the applicability of section 13 (b) (iii). Section 13 (a) of the Estate s Abolition Act entitles the landholder to a ryotwari patta in respect of lands (including lanka lands) which are recognise d or proved to be private lands. In addition to private lands the landholder is also entitled to a ryotwari patta in respect of certain lands which under the Estates Land Act he could never hope to convert into his private lands. This is provided by clause (b) of section 13. Under this clause the landholder is entitled to ryotwari patta in respect of all lands in his direct and continuous possession and under his cultivation from 1st July, 1945 and which have been (i) acquired by him by inheritence or succession from a ryot or (ii) acquired by him by transfer from a ryot or (iii) abandoned or relinquished by a ryot or never in the possession of a ryot. From the last class of lands however, are excluded lanka lands forest lands, and lands of the description mentioned in sertion 3 (16)sub clause (a), (b), (c) of the Estates Land Act, that is, beds and bunds of tanks, etc., threshing floor, etc., and lands granted on service tenure, etc. Section 13 of the Estates Abolition Act in so far as it is relevant for the present purpose is as follows :- "13. In the case of an inam estate, the landholder shall, with effect on and from the notified date, be entitled to ryotwari patta in respect of- (a) (b) (i) (ii) (iii) all lands not being (i) lanka lands (ii) lands of the description specified In section 3, clause (16) sub-clause (a), (b), (c) of the Estates Land Act, or (iii) forest lands which have been abandoned or reliquished by a ryot or which have never been in the occupation of a ryot provided that the landholder has cultivated such lands himself, by his own servants or hired labour, with his own or hired stock, in the ordinary course of husbandary from the 1st day of July 1945 and has been in direct and continuous possession of such lands from that date. The lands described in sub-clauses (a), (b) and (c) of Clause 16 of section 3 of the Estates Land Act are :