LexCOMMISSIONER OF SURVEY SETTLEMENTS AND LAND RECORDS, A.P.HYDERABAD AND ORS. ETC. versus KUNSAM SARANARAYANA AND ORS.
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COMMISSIONER_OF SURVEY SETTLEMENTS AND LAND
RECORDS, A.P. HYDERABAD AND ORS. ETC.
v.
KUNSAM SARANARA Y ANA AND ORS.
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SEPTEMBER 11, 1997
[DR. A.S. ANAND AND K. VENKATASWAMI, JJ.]
Andhra Pradesh (Andhra Area) Inams Abolition and Conversion Into
C Ryotwari Act, 1956.
S. I 4-A-Ryotwari patta-Jurisdiction of civil Court to determine
genuineness of -Ryotwari patta produced in the proceedings under Land
Acquisition Act-Notice issued u/s. 14-A that the patta had been obtained
fraudulently-Writ petitions filed before High Court-High Court directing
D the Government to file a suit u/s. I 4 challenging genuineness of ryotwari
patta-Claimant was also directed to file a separate suit for compensation
or damages in respect of the land in dispute-Held, directions given by high
Court do not suffer from any error and call for no interference .
..
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CIVIL AP PELLA TE JURISDICTION : Civil Appeal No. 191-192 of
1988.
From the Judgment and Order dated 10.12.86 of the Andhra Pradesh
High Court in W.P. No. 12044 and W.A. No. 745of1986.
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Mrs. K. Amareshwari, V.R. Anumolu, K. Ram Kumar and Ms. Asha Nair
for the Appellants.
A. Subba Rao, Adv. for the Respondents.
The following Order of the Court was delivered :
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These two Civil Appeals arise out of a common judgment of the High
Court dated 10.12.1986. The controversy before us is limited and revolves
around a patta of land measuring 28 acres and 82 cents, which is Stated to
be poramboke land. The respondents produced the said patta before the
Reference Court in the proceedings under Section 18 of the Land Acquisition
H Act for the first time. The appellant issued a notice under Section 14-A of the
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COMMR. OF SURVEY SETTLEMENTS AND LAND RECORD5, A.P. v. KUNSAM SARANARAYANA 91
Andhra Pradesh (Andhra Area) Inams {Abolition and Conversion Into A
Ryotwari) Act, 1956 (hereinafter the Inam Abolition Act). In that notice, inter-
a!ia, it was stated that there was a prima-facie case to suspect that the patta,
in question, had been obtained fraudulently. The notice went on to say :
"It is therefore proposed to take up suomotu enquiry as there is prima
facie case to suspect the genuineness of the patta alleged to have B
been issued in this case."
The respondents filed Writ Petition No. 1225178 resisting the claim of
the Government that the area of28 acres and 82 cents, which was the subject
matter of the patta, vested in the Government" by virtue of Section 2-A of
the Jnam Abolition Act. That Writ Petition was allowed and it was held that C
the notice under Section 2-A of. the Inam Abolition Act, in the facts of the
case, was invalid. The respondents also filed Writ Petition No. 1798/85 seeking
a direction to the Govt. to initiate proceedings under the Land Acquisition
Act in respect of the Patta land, measuring 28 acres1and 82 cents. That Writ
petition was allowed on 24.3. 1986. Writ Appeal No. i45/86 was decided against D
that order. After notice under Section 14-A of the Inam Abolition Act was
issued on 22. 7 .1986, the respondents filed yet another Writ Petition No. 12044/
86, seeking quashing of that notice. The Writ Appeal filed by the Government
(W.A. No. 745/86) and the Writ Petition filed by the respondents (W.P. 12044/
86) were heard together and disposed of by the common judgment, against
which these two appeals have been filed.
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Before the Division Bench of the High Court, it appears the principle
contention that was canvassed was that the Ryotwari Patta, dated 3.10.1974,
in respect of the land measuring 28 acres and 82 cents, was a fraudulent and
spurious document. It was asserted that no patta had ever been granted to
the respondents and that the same had been manipulated with ulterior motives. F
In view of the stand taken by the appellant before the High Court, and the
counter stand of the respondents the Division Bench, after taking note of the
provision of the Act, issued the following directions :
"(!) The Government represented by the appropriate authority shall G
file a suit within three months from the date of receipt of this order
under S.14 of the Act against the petitioners challenging the
genuineness of the ryotwari patta allegedly granted to the petitioners
on 3.10.1974, by the Tahsildar, Narsipatnam in respect of ac. 28-82
cents of land in S. No. 1,5,7,8,9,12,15,18,20,22 and 23 situated in
Gopalapatnam village Visakhapatnam District.
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SUPREME COURT REPORTS [1997] SUPP. 4 S.C.R.
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