JOINT COLLECTOR Vs. S. KAMALAMMA

JUDGEMENT

(1.) I.A.No.3 of 2019 in W.A.No.516 of 2017 (per Hon'ble Sri Justice R.Raghunandan Rao) Heard Sri B. Adinarayana Rao, learned Senior Counsel appearing for Sri A. Chandraiah Naidu and learned G.P. for Revenue for respondents.

(2.) The facts of the case are - Sri S. Ramaiah, is said to have been put in possession of Ac.9.00 of land, in R.S.No.251/1 of Vedantapuram village, Chittoor District, by the then Mahant of Sri Hathiramji Mutt, under a Saswata Patta, dtd. 5/3/1943. After the demise of Sri Ramaiah in 1978, his son Sri S. Ramanaiah is said to have continued in possession of the land and filed a petition, for grant of ryotwari patta, under Sec. 11(a) of the A.P. (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short 'the Act'), before the Settlement Officer. The Settlement Officer had, by proceedings S.R.No.81/11(a)/81, dtd. 19/1/1982, granted a ryotwari patta to an extent of Ac.9.00 in Sy.No.251/1 of Vedantapuram village, Tirupathi Rural Mandal, on the basis of the Saswata Patta, dtd. 5/3/1940, and the cist receipts dtd. 5/6/1945, 2/1/1947 and 10/12/1946 produced by Sri S. Ramanaiah. The said ryotwari patta is said to have been implemented in the revenue records and pattadar pass book and Title deed were issued in favour of Sri S. Ramanaiah, in 1983.

(3.) Thereafter, the Director of Settlements, exercising suo moto powers of revision, cancelled the patta given to Sri S. Ramanaiah on the ground that the land, for which patta had been granted, was part of the Swarnamukhi river poramboke.