Sri M.B.N.Srinivas representing Sri v. Venkataramana

: Counsel for the petitioners : Sri M.B.N.Srinivas representing Sri V. Venkataramana

Counsel for the Respondents : Government Pleader for Revenue Dated: 05-04-2006 This is a petition for issuance of a writ in the nature of mandamus directing the respondents to issue pattadar pass book to the petitioner in respect of land measuring Acs.4-94 cents comprised in Survey No.1063 of Peddapalle Village, Siddavatam Mandal, Cuddapah District. Another prayer made in the writ petition is to restrain the respondents interfering with the petitioner’s possession over the land in question. A perusal of the record shows that the petitioner’s claim for issuance of patta is founded on the premise that the land in question was assigned to her in the year 1985 and even though she had applied under the A.P Rights in Land and Pattadar Pass Books Act, 1971 (for short ‘the 1971 Act’) for issuance of pattadar pass book and title deed, the concerned authority has not passed any order. She has relied on order dated 18-03-1996 passed by the learned Single Judge in Writ Petition No.4554 of 1996 and pleaded the respondents cannot dispossess her without following the procedure established by law. In the counter-affidavit filed by Sri M.Prabhakar Reddy, the then Mandal Revenue Officer, Sidhout, Kadapa District (respondent No.1 herein), it has been averred that after assignment of the land, the petitioner did not occupy the same and, therefore, the same was assigned to others. It has been further averred that she never applied for issuance of pattadar pass book and title deed in terms of Section 3 of the 1971 Act. This is evidenced from paragraphs 3 to 5 and 10 of the affidavit of respondent No.1, which are re-produced below:

“In reply to para 2 of the petitioner’s affidavit it is submitted that, the assignment made in favour of the petitioner Smt. Murari Lakshmamma W/o Venkata No.33/95 dated:15.12.1985 was not incorporated in the village accounts Subsequently. As it is classified as A.W. land, as per the village accounts the land has been got subdivided and assigned to the Ramana D.K.T. following persons in the year 1995 by mistake without verifying the records. Sl.No. Sy.No. Extent Name

1063/1 Ac.1-50 Smt. Somala Chinnakka 2. 1063/1 Ac.1-5 Pothala Chinna Venkata Subbareddy 3. 1063/1 Ac.1-50 Somala Gangamma

The contention of the petitioner saying that the land is under her possession and enjoyment is not true as the land was lying waste, no crops raised till 1996. the then Mandal Revenue Inspector has inspected and given his report stating that the hold pattadar has never attempted to cultivate land there are no trails of clearing the jungle growth by the old pattadar. At present the above land is under enjoyment of the persons given below who are neither assignees in 1995. the assignees in 1985 nor Sl.No. Sy.No. Extent Name

1. 1063/1 Ac.1-50 Dondapati Tirupalamma

1063/2 Ac.1-50 Bonachi Ramachandra Reddy 3. 1063/3 Ac.1-50 Dondapati Venkata Subbareddy 4. 1063/4 Ac.0-44 A.W Hence the raising of horse gram in the year 1995 by the petitioner is absolutely false not proved. The petitioner has not applied for issue of pattadar pass book, as the land is not in the name of the petitioner. Therefore the petitioner was not issued pattadar pass book. The land is not in the name of the petitioner as per the village accounts, the question of possession and enjoyment of the petitioner does not arise, and at the same time interference of the Revenue authorities in the possession and enjoyment of the petitioner will not arise. 5. In reply to para 3 of the petitioner’s affidavit it is submitted that, the land in s.No.1063 to an extent of Ac.4-90 of Peddapalli village was assigned during the year 1985 to the petitioner and the same land is again assigned to the above three persons at the rate of Ac-1-50 during the year 1995 after subdividing the land without resuming or canceling the original assignment made earlier during the year 1985 and the fact of double assignment was brought to notice only after the petition received from the old assignees during the prjala Vaddaku Palana at Bhakaapet on

14.12.1995. the Village Administrative Officer, peddapalli and the Mandal Revenue Inspector, Sidhout have reported that no changes were incorporated in the Village Accounts No.10(1) and adangal regarding the assignments made during the year 1985 and hence the land is re-assigned during the year 1995 treating the land as A.W. the pattadar pass book were also issued to the above beneficiaries who were granted D.K.T. Pattas during the year 1995. 10. I further submit that I have enquired and inspected the present stage of the land in person on 28.11.2004 along with Mandal Revenue Inspector and Panchayat Secretary of concerned village. During my enquiry, it is revealed that the land was not brought under cultivation by the petitioner or by the D.K.T. Pattadar who got D.K.T. the year 1995, at present S.No.1063/1 to an extent of Ac.1-50, 1063/2 to an extent of Ac.1-50, 1063/3 to an extent of Ac.1-50 have been occupied by the following persons and raised crops as noted below. Sl.No.

1. Name Occupant of the S.No. Dondapati Tirupalamma W/o Venkata Rama Reddy Extent Acres 1-50 Crop Raised Turmeric 1-50 Paddy 1-50 Paddy