WP/27466/2005 of Sri Prakasam Landless Poor and Agricultural Labour- Vs The Principal Secretary, Revenue Department, on 30 December 2005

ORDER:

WRIT PETITION No.27466 of 2005

Sri Prakasam Landless Poor and Agricultural Labour Association, represented by itsPresident, and three others filed the instant writ petition seeking a writ of mandamusdeclaring the action of the respondents in proposing to relax the cut off date as01.01.1982 instead of 01.07.1945 and further declare the action of the respondentsin not disposing of the representation dated 12.04.2005 made by the petitioners andnot conducting enquiry as illegal and void, and for a consequential direction to therespondents to dispose of the representation.

Some of the villagers of Kalipatnam Revenue Village formed into an Association –the first petitioner herein; to protect their rights and other similarly situated persons.The Association has been agitating against the erstwhile Zamindars of Kalipatnam,which is an estate Village. Petitioner Nos.3 and 4 are cultivating tenants of estateland who were allegedly dispossessed by the Zamindar and his men forcibly. But,they claim to be entitled for grant of ryotwari patta with reference to cut off date as01.07.1945 as per the provisions of the Andhra Pradesh (Andhra Area) Estates(Abolition and Conversion into Ryotwari) Act, 1948 (for short ‘the Act’). It appears, initially pattas were granted to large number of persons in accordance with theprovisions of the Act and relevant rules made under the Act. However, these pattaswere set aside for various reasons.

The Settlement Officer – Joint Collector, West Godavari District, sent arepresentation to the Government of Andhra Pradesh, Revenue Department,informing that the pattas were cancelled by the Commissioner and Director ofSettlements for want of valid documents of evidence of possession prior to01.07.1945 which is the cut off date. It was also informed that in 1982, the SurveyLand Registers prepared were computerized incorporating the position thatprevailed as on 01.07.1945, which would show that there were 3150 enjoyers ofKalipatnam estate land. Therefore, if the cut off date is not modified as 01.01.1982,proper settlement cannot be made. Therefore, the Joint Collector recommended tothe Government to relax the cut off date in exercise of its power under Section 68 ofthe Act by extending up to 01.01.1982 to enable large number of ryots get their rightssettled under the provisions of the Act. The Government is yet to take any decisionon the same.

The first petitioner submitted a representation on 12.04.2005, inter alia, complainingthat all the persons who are inducted into possession after 01.07.1945 are notentitled for pattas, and even if any pattas are granted to such persons, they are liableto be cancelled. The first petitioner also requested the Government to grant pattas tothe villagers under the Government scheme as per the assignment rules. The sameis also pending with the Government.

The learned Counsel for the petitioners contends that the Joint Collector, the thirdrespondent herein, recommended to relax the cut off date on the ground that largenumber of persons could not claim their rights for grant of pattas in view of the nonavailability of survey records. But the same is not correct. All those persons wouldget benefit as a result of such relaxation would be the henchmen of the erstwhileZamindar, who has so far prevented the Settlement Officer from granting pattas togenuine villagers in occupation of the estate land. Therefore, he submits that if therelaxation is granted, genuine enjoyers would be deprived of their rights for grant ofpattas.

The learned Assistant Government Pleader obtained instructions from the office ofthe Chief Commissioner for Land Administration and as well as the Government ofAndhra Pradesh in Revenue Department. He submits that though the Joint Collectorsent a recommendation vide letter dated 03.01.2005, the Government has not yettaken any decision and that the representation made by the first petitioner is alsopending before the Government. He also vehemently contends that the writ petitionis filed without proper cause of action, as the Government has not yet passed ordersrelaxing the cut off date as 01.01.1982.

As rightly contended by the learned Assistant Government Pleader, though the JointCollector has sent a report on 03.01.2005 recommending relaxation of the cut offdate, the Government is yet to take a decision. While doing so – this court has nodoubt whatsoever – the Government shall have to consider all aspects of the matter, especially, the history of litigation with regard to Kalipatnam estate land. If there aregenuine ryots in possession of estate land by the cut off date or there are ryotswhose claims would be genuine even if cut off date is treated as 01.01.1982, theyalone would be entitled for grant of ryotwari pattas, and other persons would not beentitled for grant of ryotwari pattas under the relevant assignment rules. Theassignment rules enable the Government to allot to landless and poor persons and ifa person is entitled for grant of ryotwari patta under the Estate Abolition Act, therewould not be any necessity to grant patta under the assignment rules. Whileconsidering the representation of the first petitioner dated 12.04.2005, this aspect ofthe matter has to be gone into with reference to the case of each claimant whomakes an application for grant of patta.

In view of the above, the petitioners cannot be said to have any cause of action atthis stage. Liberty is reserved to them to challenge the order of the Government, asand when such order is passed. In the meanwhile, if there are any genuine ryotswho have been in possession of the land and whose applications for grant of pattasare pending before the third respondent, enquiry may be completed in respect ofthose claimants expeditiously within a period of twelve weeks from the date ofreceipt of a copy of this order.

The Writ Petition, with the above observations, is disposed of. No costs.

____________(V.V.S.RAO, J)

30.12.2005

Note: Issue C.C. in one week.

B/o.vs