As numbered by my esteemed sister, there were serious allegations of illegal grant of pattas against the Inams Deputy Tehsildar who had purportedly issued the two ryotwari pattas.
It was further submitted that the respondents had taken inconsistent stand as to the order of Inams Deputy Tahsildar directing issuance of ryotwari patta.
In my view, the Single Bench rightly refused to entertain the writ petition as the Collector had questioned the genuineness of the purported ryotwari pattas on the ground that there were numberentries with regard to the pattas in the relevant register.
Case of the appellants is that their predecessor in interest Signature Not Verified obtained a saswatha patta dated 31.12.1940 from Sri Digitally signed by MADHU BALA Hathiramjee Math for dry land admeasuring 6.00 acres T.D. Date 2019.03.14 171034 IST Reason No.464 and predecessors of the appellants and the appellants have been in possession ever since.
Thereafter, Sarvepalli Ramaiah, since deceased filed Writ Petition Nos.29664 and 29665 of 1995 in the Andhra Pradesh High Court seeking orders for implementation of the ryotwari pattas.
The Mandal Revenue Officer, Tirupati Rural in his Ref.
The appellants and or their predecessor in interest late Sarvepalli Ramaiah did number challenge the numberification.
The land claimed by the petitioner is situated in S.No.234 of Tiruchanur Village of Tirupathi Rural Mandal.
It is the case of appellants that they have obtained ryotwari patta dated 29.09.1980 in respect of admeasuring 6.00 acres of land companyresponding to Inam No.464 in Survey No.234.
Pursuant to the aforesaid order of the Single Bench, the Mandal Revenue Officer, Tirupati Rural sought the approval of the Collector to implement the pattas granted to Sarvepalli Ramaiah, since deceased, but approval was declined.
This order is issued in strict companypliance of the companymon orders issued by the Honble High Court on 28 11 2001 in W.P. No.29664/95 and in W.P. No.29665/95.
After holding enquiry and giving opportunity to the appellant, the District Collector by order dated January, 2003 held that a numberification dated 03.09.1984 was issued under Section 2 A of the Act wherein the land in question was classified as Peddacheruvu Tank and rejected the prayer of the appellant for implementation of patta by holding that pattas issued to appellant Sarvepalli Ramaiah by the Deputy Tahsildar were fabricated.
E2/.701/1990 dated 28.07.1994 published in Andhra Jyothi daily Telugu Newspaper dated 23.08.1994 stating that the then Inams Deputy Tahsildar Sri Shaik Kasumaiah has issued fake ryotwari pattas and that they are bogus and invalid.
The respondents filed a companynter affidavit to the writ petitions, disputing the genuineness of the rytowari pattas and companytending that there were numberentries relating to the ryotwari pattas in the Register of Ryotwari Pattas issued from 1977 to 1980.
By an order dated 28th November, 2001, the learned Single Bench disposed of the writ petition directing the Collector, Chittoor to companyduct an enquiry and pass appropriate orders within the time stipulated in the said order.
Thereafter the Collector, Chittoor companyducted an enquiry and passed an order, relevant part whereof is extracted herein below The case has been examined.
B9.00701/1990 dated 12.03.1991 stating that Sri Shaik Kasumaiah who worked as Inams Deputy Tahsildar Chandragiri, Chittoor District in the year 1980, issued Ryotwari pattas and the same are number valid and the subsequent sale deeds are also number valid.
The said Writ Petitions were disposed of by order dated 28.11.2001 directing the District Collector to companyduct enquiry after giving opportunity to the appellant and pass appropriate order.
Since, the District Collector did number accord the approval for issuance of ryotwari patta, the appellant filed Writ Petition Nos.29664 65 of 1995 and reiterated the prayer made in the earlier Writ Petition No.2759 of 1990.
C.213/89 dated 20.06.1990 sought for clarification from the District Collector whether to implement the order of granting ryotwari patta to appellant Sarvepalli Ramaiah.
The said writ was disposed of by the High Court by order dated 19.03.1990 whereby the High Court directed the authorities to satisfy with reference to the relevant records whether the patta is genuine or number and if found to be genuine, they should be implemented.
Appellant Sri Sarvepalli Ramaiah has filed Writ Petition No.2759 of 1990 before the High Court seeking direction to the Tahsildar, Tirupati Rural for implementation of the patta granted to him by the Deputy Tahsildar vide order dated 29.09.1980 by making entries in the revenue.
Challenging the order of the District Collector, the appellant filed Writ Petition No.5807 of 2003 which was dismissed by the learned Single Judge holding that the findings recorded by the District Collector about the nature of pattas that they were fake was based on companyrect appreciation of evidence.
Almost ten years after the purported ryotwari pattas were issued Sarvepalli Ramaiah, since deceased filed Writ Petition No.2759 of 1990 for issuance of a Mandamus for implementation of the ryotwari pattas.
Thereafter, litigations came up and the Honble High Court in its order dated 13 4 1992 in W.A. Nos.941/88 and 1070/88 has directed the IDT to pass a reasoned order.
As pointed out by the High Court, even though, in his order the District Collector has referred to the Gazette Notification dated 03.09.1984, the appellants have number challenged the said Gazette Notification.
There is numberinfirmity in the judgment and order dated 22 nd February, 2006, of the Division Bench upholding the dismissal of the writ petition by the Single Bench, that calls for interference in this appeal.
In pursuance of the above orders, the I.D.T. Chittoor has passed a reasoned order in I.D.T. No.1/83 dated 11 5 1993 declaring the entire extent of Ac.113 67 in S.No.234 of Tiruchanur as Tank poramboke falling u s 2 A of the L.A. Act, 1956.
The District Collector did number grant approval rather issued a Paper Notification on 14.03.1991 in Andhra Jyothi daily Telugu Newspaper vide Roc.
By an order dated 19 th March, 1990, the learned Single Bench of the High Court disposed of the writ petition by directing the respondents to implement the pattas, if they were found to be genuine.
Similarly, the appellants also obtained another ryotwari patta on 14.12.1980 for an extent of admeasuring 5.00 acres companyresponding to Inam No.464 in Survey No.234.
Sri Sarvapalli Ramaiah, since deceased, filed a writ petition No.5807 of 2003, challenging the said order of the Collector, which was summarily dismissed by the Single Bench of the High Court by an order dated 23rd April, 2003.
The appeal filed by Late Sarvepalli Ramaiah before the Division Bench has been dismissed by the judgment and order dated 22nd February, 2006, impugned in the appeal.
BANUMATHI, J. This appeal arises out of the judgment dated 22.02.2006 passed by the High Court of Andhra Pradesh in Writ Petition No.1495 of 2004 in and by which the Division Bench upheld the order of the Single Judge thereby declining to interfere with the order of the District Collector in refusing to grant ryotwari patta in favour of the appellants.
The grant of Saswatha Patta and execution of the takeed by the Mahanth of the Mutt in 1940 were also disputed.
