AVVARU BURRAIAH CHOULTRY Vs. ASSISTANT COLLECTOR TENALI

JUDGEMENT

(1.) This is an application filed under Art. 226 of the Constitution of India for the issuance of a Writ of Certiorari seeking the quashing of the order dated 3rd of Now., 1966 in A. T. A. No. 66/74 on the file of the Assistant Collector, Tenali, the 1st respondent herein.

(2.) The petitioner-choultry own on extent of A. 4.00 of wet land in Survey No. 107/1 and an extent of 20 cents of dry land in Survey No. 112/6 in Kaskurru Village, Bapatla Taluk, Guntur District. One Prasadam Ramaiah was cultivating the said lands. He died in the year 1969. Thereafter respondents 3 and 4, who are the sons of the deceased Ramaiah, became the cultivating tenants. They filed A. T. P. No. 24 of 1972 on the file of the Deputy Tahsildar, Ponnur under S. 16 of the Andhra Pradesh Tenancy Act 1956 and obtained a declaration that they are the cultivating tenants in respect of the aforesaid lands.

(3.) The case of the petitioner is that respondents 3 and 4 paid the rent at the rate of 34 bags of paddy during the years 1969-70 and 1970-71 but committed default in paying the rent for the year 1971-72. Therefore the petitioner filed A. T. P. No. 77 of 1972 on the file of the Deputy Tahsildar, Ponnur seeking the eviction of the respondents from the schedule lands. Prasadam Sambiah, the brother of respondents 3 and 4 who was impleaded as the 2nd respondent in A. T. P. 77/72, remained ex parte. Respondents 3 and 4 filed a counter resisting the application stating inter alia that the allegations contained in the petition are all frivolous.