VENKATESWARA RAO AND OTHERS Vs. BOARD OF REVENUE GOVT, OF A P. REPTD., BY ITS SECRETARY, HYDERABAD AND OTHERS.

JUDGEMENT

(1.) This is an application filed under Art. 226 of the Constitution of India for the issuance of a writ of Mandamus directing the Board of Revenue, Andhra Pradesh, the 1st respondent, the District Collector, Krishna, the 2nd respondent and the Tahsildar, Vijayawada, the 3rd respondent not to collect from the petitioners as land revenue any amount except Rs. 3.00 as determined by the order of Governor of Madras issued under Sec. 32 of the Madras Estates (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947) and published in Fort St. George Gazette, Part-I, dated 21-6-1959 at page 902 till the petitioners lands are surveyed and settled under law.

(2.) The case of petitioners is that they are all agriculturists and owned lands situated in South Vallur, Part I of Vijayawada taluk, Krishna District. They were admitted to possession and granted pattas in the year 1938 by the then Zamindar of South Vallur estate. Consequently from the year 1938 onwards they have been in occupation and enjoyment of the lands in question as ryots. They and their predecessors in title have made considerable improvements to the lands, sunk wells, erected barans, installed oil engines and pipes. In order to avoid disputes they paid a large sum of money to the then Zamindar and obtained a document known as "Swaswatha Jiraithi Hakku Dastavezu" on 14-10-1946 which evidences the fact of enjoyment and acknowledges their right to enjoy.

(3.) South Vallur Estate Part I was notified under the provisions of the Madras Estates Abolition Act, 1948 with effect on and from 7-9-1949 and it was taken over by the Government on that date. Subsequent to the notification of the estate, the petitioners paid the assessment for the fasli 1359 to the Government as well as other arrears of rent due to the Zamindar, prior to the notification of the estate and the Government received the same. They submit that they are entitled to ryotwari patta under the Act as they have been in occupation from the year 1938.