L RAMAKRISHNA REDDY Vs. DIRECTOR OF SETTLEMENTS

JUDGEMENT

(1.) This writ petition is filed for a Writ of Prohibition restraining the first respondent-Director of Settlements from proceeding further with the suo motu enquiry pursuant to the notice dated 8-4-1995.

(2.) The facts in brief are as follows: The Raja of Venkatagiri Zamin Estate granted land in Paimaish No. 679 of Madanuru village Bit No. 2 (now surveyed in Ethamukkala village) in favour of eight families of Alia, Ulchi, Samanthula, Maturi, Kunkala, Lingareddy, Bapireddy and Kalahasthi Reddy more than 100 years ago for the purpose of cultivation and pasturage on payment of usual rent due thereon. Raja Saheb granted land in Paimaish Nos. 17,18,23 and 24 situate in Somavarappadu village in favour of Kolagatla Peda Narasimham and others 100 years ago for the purpose of cultivation and pasturage. The petitioners acquired these lands either by purchase from the original grantees or by inheritance from the original grantees. The land was cultivated partly with dry crops like greengram etc., and the rest was used for grazing purposes exclusively by the petitioners and their predecessors- in-title. The petitioners claimed that they have acquired occupancy rights in respect of their holding situate in Ethamukkala and Somavarappadu villages long before 1-7-1945. The Venkatagiri Zamin Estate was taken over by the Government under Section 1 (4) of the Estates Abolition Act, 1948 (hereinafter referred as 'the Act') on 7-7-1949. Prior to the abolition of the Estates, under the Estates Land Act of 1908, the lands were transferable and heritable under Section 10 of the Estates Land Act, 1908. The petitioners as the transferees stepped into the shoes of transferors under Section 64 of the Estates Land Act of 1908. The following documents establish their title to the property in dispute namely:-

(3.) The Raja of Venkatagiri filed a rent suit in the Revenue Court before the Sub-Collector, Ongole in Rent Suit No. 20/1934 against Maturu Venka Reddy and others under Section 77 of the Estates Land Act, 1908 in respect of Patta No.19 for recovery of arrears of rent for the years 1930 to 1932. The suit was decreed and E.P.No. 129 was filed on 21-6-1936 for recovery of the decretal amount.