POONAMALLI RAMAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners herein applied to the Tahsildar, Nellore, for assignment of lands bearing S. Nos. 229, 230 and 231 in Venkannapalem village, Nellore Taluk, of an extent of 4 acres 82 cents on the ground that they are landless poor and they belong to a backward community called Palle Kapu. Objections to their applications were filed by some Harijans (Chinna Rangaiah and others) of Venkannapallem, but the Tahsildar. after due enquiry, granted pattas to the petitioners in his proceedings F. Dis-No. 480/71. The petitioners were given possession of the lands on 30-11-1961.

(2.) Aggrieved by the orders of the Tahsildar, the Harijans preferred an appeal to the Revenue Divisional Officer. Nellore, who in his proceedings L. Dis. No. 61205/61 dated 28-4-1962 rejected the appeal and confirmed the pattas granted in favour of the petitioners. Thereafter the Harijans preferred a revision petition to the Government against the order of the Revenue Divisional Officer. The Government in their Memorandum No. 2396/62-6 dated 5-2-1963 passed the following order:

(3.) It will thus be seen that the Government purported to exercise their revisional power and cancelled the pattas granted to the petitioners and instead, directed that the Harijans be allowed to continue siveijama cultivation of the lands if they are occupying them. In thus reversing the orders of the Tahsildar and of the Revenue Divisional Officer, the Government did not think it necessary even to give notice to the petitioners in whose favour pattas had been granted.