Smt. Sirupa Sarala vs The Joint Collector & Ors.

(per Hon’ble Sri Justice D.Ramesh)

The present Writ Petition is filed for the following relief:

Heard learned counsel on behalf of both sides.

The land in survey no.43 admeasuring an extent of Ac.1.66cents in Kakkalapalli Village, Anantapur Rural mandal, Anantapur District was originally purchased by one Smt. Meka Basamma, wife of Meka Subbarayudu vide registered sale deed dated 27.3.1936 from Juturu Sanjeevagdu and others and after series of transactions, finally the petitioner has purchased the said property in the year 1999. After that pattadar pass books and title deeds were also issued in favour of the vendors of petitioner.

Respondent no.4 herein by claiming that the pattadar pass books and title deeds have been issued in his favour bearing no.314214 with Khata No.177 for the land that has been purchased by the petitioner and was making efforts to sell the same in favour of third parties. Questioning the said action, the petitioner has preferred an appeal before the Revenue Divisional officer and the Revenue Divisional Officer has called for report from the Mandal Revenue Officer and after notice, the Revenue Divisional Officer has passed an order in D.Dis (D2) 382/2005 dated 06.8.2005 holding that the land in survey no.43 admeasuring an extent of Ac.1.66cents of Kakkalapalli village has been entered in two Khata numbers vide 637 which stands in the name of Katta Ramappa and again khata no.177 stands in the name of Chakkari Anjaneyulu. In Katha No.177, the name of K.Mahaboob Saab was rounded off and the name of Chakkari Anjaneyulu, son of Sanjappa and pattadar pass boom number mentioned as 314214 without mentioning any authority or order. Hence he has cancelled the pattadar pass book by directing the Mandal Revenue Officer to issue pattadar pass book in favour of the petitioner/appellant.

Aggrieved by the said orders, respondent no.4 herein carried the matter in revision to respondent no.1. But surprisingly without looking into the merits of the case, the Revisional Authority has allowed the Revision contrary to the record. Hence the Writ Petition.

Learned senior counsel appearing on behalf of the petitioner has submitted that the Joint Collector without appreciating the fact that the revenue records are in favour of the petitioner based on the registered sale deeds and without having any record, except by rounding the name of Mahaboob Saab and by entering the name of Chakkari Anjaneyulu, son of Sanjappa granted pattadar pass books in favour of respondent no.4. But without considering the said aspect the Revisional Authority has allowed the revision by declaring that respondent no.4 is entitled to the share of the property which is contrary to the record. Accordingly he requested to set aside the impugned orders by confirming the orders passed by the Revenue Divisional Officer dated 06.8.2005.

Reply to the said contentions, learned Government Pleader appearing on behalf of the respondents submitted that the fact remains that the schedule property is service inam land and the inam holders were originally doing inam service. The Government after making due enquiry considering the possession and enjoyment of the property has granted ryotwari patta in respect of the suit land and two other lands in ICF No.136/77 by the Special Deputy Tahsildar (Inam) Ananthapuramu and PPB/TDs were also granted. In fact petitioner was guilty of suppressing the pendency before the civil Court filed before the learned District Judge, Ananthapuramu. The R.D.O, Ananthapuramu vide proceedings dated 06.8.2005, without considering the above said aspect by stating that the lands in survey number 132/2 is a Government land and the name of T.Mahaboob Sab vide khata no.177 was rounded off and the name of respondent no.4 was written and PPB No.314214 assigned without mentioning any order number is not correct. In fact the Joint Collector, after verifying the RSR of Kakkalapalli Village found the following names as against the survey number as Inamdars.

Sri Chakari Anjaneyulu has produced registered sale deed 1812/1921 before the Mandal Revenue Officer, Ananthapuramu in which the name of Anjigadu, son of Chinna Sanjeevudu is mentioned as claimant. Considering the entire record, the Joint Collector has rightly informed that the revision petitioner Sri Anjaneyulu is the only legal heir of Chinna Sanjappa and hence he has enjoyed his share of Ac.6.91cents and in the year 1936 Sanjeevugadu, Anjanigadu, Kollanagadu who are the sons of Dubba nalligadu; Hanumanthugadu, Nalligadu and Pedda Anjanigadu were brothers including Chinna Sanjappa have executed the documents in favour of the petitioner. Considering the said aspect the Joint Collector has rightly declared the revision petitioner i.e. respondent no.4 herein is entitled to the share of Chinna Sanjappa. As per the records, the findings of the Revenue Divisional officer is contra and as per RSR register, the subject lands are inam properties and based on the claims, the pattas have been granted in favour of claimants and in the instant case, the claimant of the vendors of respondent no.4 are found in the record and accordingly the Joint Collector has rightly declared the share of respondent no.4.

A perusal of the record and the findings of the Joint Collector in the impugned order and also the submissions of both parties, this Court is of the view that based on the possession as per the provisions of the Inam Abolition Act, 1956, more specifically Section 7 read with Section 3 of the Act has been granted in favour of the inam holders and the said pattas became final and no appeal has been filed as against the said pattas by any person under Section 7(2) of the Act. In the said circumstances, the Joint Collector has rightly held that the respondents herein are entitled to Record of Rights in katha no.177.

Accordingly, the Writ Petition is dismissed confirming the patta i.e. PPB 314214 granted in favour of respondent no.4 and also the orders of the Joint Collector dated 11.5.2007. No costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.