LexSARVEPALLI RAMAIAH (DIED) AS PER LRS AND OTHERS versus THE DISTRICT COLLECTOR CHITTOOR DISTRICT AND OTHERS
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A B C D E F G H 372 SUPREME COURT REPORTS [2019] 5 S.C.R. SARVEPALLI RAMAIAH (DIED) AS PER LRS AND OTHERS v. THE DISTRICT COLLECTOR CHITTOOR DISTRICT AND OTHERS (Civil Appeal No. 7461 of 2009) MARCH 14, 2019 [R. BANUMATHI AND INDIRA BANERJEE, JJ.] Andhra Pradesh (Andhra Area) Inams (Abolition & Conversion into Ryotwari) Act, 1956 – ss.2-A, 3, 7 and 17 – Case of the appellants that their predecessor-in-interest (‘SR’) obtained ‘Saswatha Patta’ for two plots of land in Survey No. 234 of Tiruchanur village, Chittoor, Andhra Pradesh – ‘SR’s prayer for implementation of patta, rejected by the District Collector holding that the pattas issued were fabricated and further, that vide Gazette Notification dtd. 03.09.1984 issued u/s.2-A of the 1956 Act, the land in question was classified as “Peddacheruvu Poramboke (Tank)” – Writ Petition filed by ‘SR’ – Dismissed – Division Bench affirmed the order – On appeal, held: Per R. Banumathi, J. Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a minor Inam village and therefore attracts the provisions of the 1956 Act – Entire land comprised in Survey No.234 is classified as “Peddacheruvu Poramboke” (Tank) – All the communal government poramboke lands fall u/s.2-A of the 1956 Act – These lands are not available for grant of ryotwari patta to any individual – When the entire extent of land in Survey No.234 was classified as Tank, no extent was available for grant of ryotwari patta under the provisions of the 1956 Act and the question of implementation of ryotwari patta does not arise in view of the bar contained in s.2-A of the 1956 Act – Further, the appellants did not challenge the Gazette Notification dtd. 03.09.1984 – High Court rightly declined to quash the order of the District Collector – Per Indira Banerjee, J. (Concurring) 1956 Act was enacted to abolish Inam lands and to convert certain Inam lands to ryotwari lands in the Andhra area of the State of Andhra Pradesh – By Gazette Notification dtd. 3.09.1984, entire Survey No.234 was notified as Peddacheruvu Poramboke (tank) – By virtue of s.2-A of the 1956 Act, all forest 372 [2019] 5 S.C.R. 372 A B C D E F G H 373 lands, communal lands, river streams, porambokes, tanks etc. vested in the government, free from encumbrances – Appellants and/or their predecessor-in-interest-’SR’ did not challenge the notification – No infirmity in the judgment of the Division Bench – Andhra Pradesh (Andhra Area) Inam (Abolition and Conversion into Ryotwari) Rules, 1957. Constitution of India – Art.226 – Judicial Review under, of administrative decisions – Held: Administrative decisions are subject to judicial review u/Art. 226 only on grounds of perversity, patent illegality, irrationality, want of power to take the decision and procedural irregularity – Except on these grounds administrative decisions are not interfered with, in exercise of the extra ordinary power of judicial review. Dismissing the appeal, the Court HELD: Per R. Banumathi, J.: 1.1 Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a minor Inam village and therefore, it attracts the provisions of the Andhra Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 (Inams Abolition Act). The entire land measuring acres 113.67 ½ comprised in Survey No.234 of Tiruchanur village, Tirupati Rural Mandal is classified as “Peddacheruvu Poramboke” (Tank Poramboke). All the communal government poramboke lands falls under Section 2-A of the Inams Abolition Act. These lands are not available for grant of ryotwari patta to any individual under the Act. Since the village is an Inam village, the then Inams Deputy Tahsildar, Collector’s Office, Chittoor has declared entire land measuring acres 113.67 ½ as “Tank Poramboke” and brought under Section 2-A of Inams Abolition Act and the same was published in the District Gazette No.9 dated 03.09.1984 at Page No.20. The Inams Deputy Tahsildar, Chittoor bonafidely ignoring the above fact, has by mistake, mentioned the Survey No.234 acres 54-00 as “Inam Dry” at Page No.19 of the District Gazette, Chittoor No.9 dated 03.09.1984 which is stated to be invalid. [Para 8] [ 380-D-G] 1.2 The District Collector rightly held that the entire land in Survey No.234 of Tiruchanur village that is 113.67½ was SARVEPALLI RAMAIAH (D) AS PER LRS. v. DISTT. COLLECTOR CHITTOOR DISTRICT A B C D E F G H 374 SUPREME COURT REPORTS [2019] 5 S.C.R. classified as “Peddacheruvu Tank” under Section 2-A of the Inams Abolition Act published i
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