M Surya Rao vs The State Of Andhra Pradesh
2023 Latest Caselaw 2277 AP

             THE HONOURABLE SRI JUSTICE D.RAMESH

                    WRIT PETITION NO.3383 OF 2022

ORDER:

This petition is filed under Article 226 of the Constitution of India

seeking to declare the action of the 2nd respondent to include the land in

R.S.No.268/2 in an extent of Ac.0.60 cents, 269/2 an extent of Ac. 13.68

cents, 269/4 in an extent of Ac.0.87 cents, 270/3 an extent of Ac.0.85

cents, 271/4 an extent of Ac.3.01 cents, 262/2P an extent of Ac. 0.10

cents, 262/3 an extent of Ac.0.12 cents, 262/4 an extent of Ac.0.28 cents,

265 an extent of Ac.4.66 cents, 266/2 an extent of Ac.0.23 cents, 266/3 an

extent of Ac.0.36 cents, 266/4 an extent of Ac.0.51 cents, 266/5 an extent

of Ac.0.12 cents, 266/6 an extent of Ac.0.12 cents, 266/7 an extent of

Ac.0.12 cents, 266/8 an extent of Ac.0.10 cents, 266/9 an extent of

Ac.0.16 cents, 266/10 an extent of Ac.0.12 cents, 266/11 an extent of

Ac.0.12 cents, 266/12 an extent of Ac.0.20 cents, 266/13 an extent of

Ac.0.14 cents, 266/14 an extent of Ac.0.16 cents, 266/15 an extent of

Ac.2.42 cents, 122 Part an extent of Ac.1.05 cents of Pandrangi village of

Padmanabham Mandal, in the Prohibited List under Section 22A (1)(C) of

the Registration Act even though the petitioners are the owners of the

lands.

2. As per the averments made in the Writ Petition, the case of the

petitioners is that after the enactment of the provisions of the Andhra

Pradesh Inams Abolition and Conversion into Ryotwari Act 1956, the

Tahsildhar has instituted proceedings under the provisions of Inams

Abolition Act and issued a notification under Section 3(3) of the Act and

the same was published in Visakhapatnam District Gazette dated

11.08.1960 holding that the lands in T.D.No.1251 are Inam lands situated

in an Inam Village and are not held by institution. The decision taken by

the Inams Deputy Tahsildar became final as no appeal was filed against

the said decision as contemplated under Section 3(4) of the Act.

Subsequently, the Inams Deputy Tahsildhar passed an order

on 30.01.1961 holding that vendors of the petitioners are entitled for

Ryotwari Patta and granted Ryotwari Patta in Form No.VIII on 30.01.1961.

The Ryotwari Patta granted in favour of vendors of the petitioner become

final and thereafter the petitioners have purchased said property in the

year 2000 and are in continuous possession of the same.

3. Based on the acquiring right over the property, on the application

made by the petitioners the 4th respondent-Tahsildar has mutated the

names of the petitioners in the revenue records and granted pattadar pass

books and title deeds in favour of the petitioners. As against which, the 5th

respondent filed a Revision before the Joint Collector, Visakhapatnam and

the same is pending RP.No.47/2017. While that being so, on enquiry, the

Sub Registrar, Bheemunipatnam, with regard to the valuation of the

property in respect of the above survey numbers, informed to the

petitioners that on the basis of the letter addressed by the Commissioner

of Endowments, the above lands are included in the prohibited list and in

view of the inclusion, the properties cannot be transferred in favour of 31

parties. It is submitted that the action of the 2nd respondent in addressing

a letter to the Registration Department for inclusion of the lands in

RS.No.268/2 an extent of Ac 0.60 cents, 269/2 an extent of Ac.13.68

cents, 269/4 an extent of Ac.0.87 cents, 270/3 an extent of Ac.0.85 cents,

271/4 an extent of Ac.3.01 cents, 262/2P an extent of Ac.0.10 cents, 262/3

an extent of Ac.0.12 cents, 262/4 are extent of Ac.0.28 cents, 265 an

extent of Ac. 4.66 cents, 266/2 an extent of Ac.0.23 cents, 266/3 an extent

of Ac.0.36 cents, 266/4 an extent of Ac.0.51 cents, 266/5 an extent of

Ac.0.12 cents, 266/6 an extent of Ac.0.12 cents, 266/7 an extent of

Ac.0.12 cents, 266/8 an extent of Ac.0.10 cents, 266/9 a extent of Ac.0.16

cents, 266/10 an extent of Ac.0.12 cents, 266/11 an extent Ac.0.12 cents,

266/12 an extent of Ac.0.20 cents, 266/13 an extent of Ac.0.14 cents,

266/14 an extent of Ac.0.16 cents, 266/15 an extent of Ac.2.42 cents, 122

Part an extent of Ac.1.05 cents of Pandrangi village of

Padmanabham Mandal in the prohibited list is not legal and the same is

arbitrary.

4. Further it is submitted that admittedly, the lands covered under in ID

No.1251 i.e., Survey No.17, 1(A) to 1(M) and 2(b), 2(c) admeasuring an

extent of 59 Acres are Inam lands and provisions of the Andhra Pradesh

(Abolition and Conversion into Ryotwari) Act, 1956 apply, by virtue of the

enactment of the above Act, all the inams have been abolished and a

procedure is prescribed under the provisions of the said Act for re-grant of

Ryotwari Pattas. In pursuant of the said Act, the Inams Deputy Tahsildar

conducted an enquiry as contemplated under Section 3 of the Act and

gave a decision under Section 3(3) of the Act holding that the land is an

Inam land situated in an Inam village, the land is not held by any institution

and the said decision was published in the District Gazette; since

no appeal is filed against the said decision u/s.3(4) of the Act, the decision

has become final. Thereafter the Ryotwari patta was granted in favour of

predecessors of the petitioners in title. Thus, once the Ryotwaripatta is

granted in Form VIII, the same has become final, the holders of the

Ryotwaripatta become owners of the property, therefore, the respondents

are not entitled to include the property of the petitioners in the prohibited

list under Section 22-A of the Act. Thus, questioning the impugned action

of the 2nd respondent-Commissioner of Endowments in including the

subject lands in prohibitory list, the present writ petition is filed.

5. After receipt of notice, the 5th respondent-Executive Officer, Manasas

Trust filed counter. As per the averments made in the counter, the

properties which was included in the list of prohibited properties under

Section 22-A(1) of the Commissioner of Endowments, were devolved in

MANASAS Trust vide registered Trust Deed Dated 12.11.1958, the

properties owned by the institution were approved by the Commissioner,

under Section 43 Property Register in terms of the Andhra Pradesh

Charitable and Hindu Religious Institutions & Endowments Act, 1987;

accordingly these properties were included in the list of prohibited

properties as per the procedure contemplated under Act.

6. Further it is also submitted in their counter that MANSAS Trust,

Vizianagaram is a charitable endowment institution providing educational

services to the poor and was notified under Section 6A(1) of the Andhra

Pradesh Charitable and Hindu Religious Institutions and Endowments Act,

1987. Accordingly the properties owned by the institution were approved

by the Commissioner and included in the list of prohibited properties as

per the procedure contemplated under the Act. It is further submitted in

their counter that a full bench Judgment of the High Court of Judicature at

Hyderabad for the State of Telangana and for the State of Andhra

Pradesh, in W.P.No.343 of 2015 and batch dated 23.12.2015 reiterated

that "once the property is entered in Section 43 property register (Old

Section 38/25) of the Endowments institution, it is prima facie proved that

it is owned by religious and Charitable Endowments institution. The

aggrieved party, in the event shall have to resort to a remedy that is

available under the Endowments Act only". Therefore, for the reasons

stated above, requested to dismiss the writ petition.

7. Sri O.Manohar Reddy, learned senior counsel appearing for the

petitioners has placed reliance on the Gazette notification issued on

11.08.1960 and contended that according to the said Gazette notification,

the lands covered by T.D.No.894, 903 in an extent of Ac.34.65 cents are

held by the institution. The remaining lands in the Schedule including the

land in T.D.No.1251 in total extent of Ac.59.00 cents, Ac.8-00 cents,Ac.37-

68 cents and Ac.4.53 cents are not held by any institution. Learned

counsel also placed reliance on the orders passed by the Tahsildar,

Bheemunipatnam on 30.01.1961, wherein it is held that all the claim

petitioners are deemed to be the Inamdars for the purpose of the A.P.

Inams (Abolition and Conversion into Ryotwari) Act, 1956. It is further

held that the claimants are entitled to Ryotwari pattas under Section 7(1)

of the said Act in terms of sub Section 1 of Section 4 of the Act.

Subsequently as per the said proceedings, Ryotwari pattas in Form VIII

are being issued in favour of the vendors of the petitioners on 30.01.1961.

8. Learned senior counsel further brought to the notice of this court

about the endorsement issued by the Tahsildar, Padmanabham dated

22.08.2017, wherein it is categorically held that the lands in T.DNo.1251

declared as not held by any institution required under Section 3(3) of the

I.A. Act, 1956. He further contended that while pending the writ petition,

the Revision Authority cum Joint Collector, Visakhaptnam has dismissed

the Revision filed by the 5th respondent herein in R.P.No.47 of 2017 dated

15.06.2022. Even according to the said proceedings, the revision

authority has observed that -

" As per Firm-II decision of the Special Deputy Tahsildar (Inams), Visakhapatnam under Sub Section (3) of Section 3 of the Andhra Inams (Abolition and Conversion into Ryotwari) Act, 1956 Andhra Act XXXVII of 1956), it is declared that the land in above Survey Numbers are not held by an institution. Further the said decision Dt.15.3.1960 was published in the District Gazette on 11.08.1960. Hence, the nature of claim over the subject land was

flowed to the private persons under the provisions of A.P. Inam Abolition and Conversion into Ryotwari Act, 1956.

But in this instant case, after long lapse of 57 years; the Mansas Authorities have filed this Revision petition before the Joint Collector cum ROR authority u/s 9 of the A.P, Rights in Land and Pattadar Pass Books Act, 1971 read with Rule 23 of the AP Rights in Land and Pattadar Pass Books Rules 1989 without challenging the decision issued in Form-II by the Special Deputy Tahsildar (Inams), Visakhapatnam. Mere entries in Register u/s 43 of Endowment Act is not a title confirmation over the suit property. Hence, without challenging the decision in Form-ll issued u/s.3 (3) of Act, 1956; the Mansas Authorities cannot claim over the title against the suit lands under the provision of ROR Act as the mutation entries are only maintained for fiscal purposes.

Further the Revision Petitioner has filed this revision against the orders of the Tahsildar, Padmanabham. According to the Section 5 (5) of the AP Rights in Land and Pattadar Pass Books Act, 1971, "against every order of the recording authority either making an amendment in the record of rights of refusing to make such an amendment an appeal shall lie to the Revenue Divisional Officer or such authority as may be prescribed within a period of sixty days from the date of communication of the said order and the decision of the appellate authority thereon shall subject to the provisions of Section 9, be final ."

In the instant case, though the individual is having liberty to file an appeal before the Revenue Divisional Officer & Appellate Authority, Visakhapatnam under Section 5 (5) of the AP Rights in Land and Pattadar Pass Books Act, 17 has not chosen to do so. Without approaching the Appellate Authority de Divisional Officer, Visakhapatnam, the petitioner has approached Authority & Joint Collector, Visakhapatnam.

In the light of the foregoing discussions above, this court warrant any interference in the action of the Tahsildar, Padmanau PPB/TDs to the respondents in respect of the lands admeasuring Ac.65.22 cts in Pandrangi Village, Padmanabham Mandal covered under Survey Numbers above. It is also observed that the details pertaining many Survey Numbers are also missing from the webland with caption "unknown". Hence, this court also directs the Tahsildar, Padmanabham to take appropriate action and ensure proper posting of details Survey Numbers as per procedure."

9. In view of the dismissal of said revision against the 5th respondent,

the respondents are not entitled to include the subject properties under the

prohibitory list under Section 22-A.

10. Per contra, Sri K.Madhava Reddy, learned Standing Counsel

appearing on behalf of the 5th respondent submitted that it is not in dispute

that the properties were included in the 43 Register; once the properties

are included in the 43 Register, the petitioners have no option except to

approach the Endowment Tribunal under Section 87 of the A.P. Charitable

and Hindu Religious Institutions and Endowments Act, 1987. But in the

instant case, if at all the petitioners are claiming any right over the

properties, the same should be declared by the competent tribunal, not by

this court.

11. Considering the submissions made by both the counsel, on perusal

of the material on record, more particularly the enquiry conducted by the

Inams Deputy Tahsildar, as per Section 3(3) of the I.A. Act and the

Gazette notification, also the proceedings dated 30.01.1961 as well as the

patta and the title deeds granted in favour of the vendors of the petitioners

and the dismissal of the revision by the Joint Collector vide orders dated

15.06.2022, clearly discloses that the subject properties mentioned in the

said Survey Numbers, are private patta lands and the same was also

confirmed by the revenue authorities.

12. In view of the said circumstances, this court is of the opinion that the

subject properties are private patta lands and inclusion of said properties

in the prohibited list under Section 22-A(1) (c) of the Registration Act, is

illegal. Therefore, the respondents are directed to delete the subject

properties from the prohibitory list under Section 22-A(1) (c) of the Act within

a period offour (04) weeks, from the date of receipt of a copy of the order.

13. With the above direction, the Writ Petition is disposed of. No costs.

As a sequel, miscellaneous applications pending, if any, shall also

stand closed.

_____________________ JUSTICE D.RAMESH

Date: 25.04.2023 TM

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION NO.3383 OF 2022

Date: 25.04.2023

TM