Andhra HC (Pre-Telangana)
Epuru Seshadri Reddy vs The State Of Andhra Pradesh,Rep. By Its ... on 22 July, 2013
Author: Noushad Ali
Bench: Noushad Ali
THE HON'BLE SRI JUSTICE NOUSHAD ALI
Writ Petition No.32826 of 2012
Date: 22-07-2013
Epuru Seshadri Reddy... Petitioner
The State of Andhra Pradesh,Rep. by its District Collector, SPSR Nellore
District and others.... Respondents
Counsel for Petitioner : Sri A.V. Sivaiah
Counsel for Respondent-1 & 2 : G.P. for Revenue
Counsel for Respondent - 3 : Sri C. Raghu
<GIST:
>HEAD NOTE:
?Cases referred
1. 2011 (2) ALD 487
2. Judgment in W.P.No.16434 of 2010, dt.29.09.2010
WRIT PETITION No.32826 of 2012
ORDER :
The petitioner is aggrieved due to resumption of his land by the State for the benefit of the 3rd respondent-A.P. Genco, without acquiring the same under the provisions of the Land Acquisition Act, 1894 (for brevity "the Act") and is seeking a direction to pay compensation by initiating the process of acquisition by issuing notifications under Sections 4 and 6 of the Act.
2. The petitioner claims to be the absolute owner and possessor of agricultural wet land admeasuring Acs.4.52 cents situated in Sy.No.239/4A and 239/4B of Nelatur Village, Muthukur Mandal, Nellore District. He purchased the land through an unregistered sale deed dated 18.8.1988 from one Nelaturu Ramaiah, whose name was recorded as pattadar. The unregistered sale was validated by the Revenue authorities and Pattadar Pass Book and title deeds were issued in his favour after duly levying stamp duty and registration charges under Section 5-A of the A.P. Rights in Land and Pattadar Pass Books Act, 1971 (for brevity "the ROR Act").
3. An extent of Acs.15.90 cents of land was notified for acquisition for the Development of Environmental Belt to a Power Station under the provisions of the Act. A Notification under Section 4(1) of the Act was published in the Gazette on 8.4.2008 and the draft Declaration under Section 6 of the Act was published on 8.10.2008. The land of the petitioner did not find place in the Notification, thus was outside the purview of the acquisition proceedings.
4. However, his land was also taken possession along with the notified lands and possession was handed over to respondent No.3. The petitioner, having lost the land, approached respondent No.2 through a representation dated 7.11.2009 with a request to pay compensation. The Tahsildar, Muthukur, was thereupon directed to enquire into the claim of the petitioner. He submitted a report confirming that the petitioner is the rightful owner and pattadar. Despite the same, compensation was not paid to him. Hence, he has filed this writ petition seeking a direction to initiate the procedure under the Act and pay compensation to him.
5. A counter affidavit is filed by respondent Nos.1 and 2, opposing the claim of the petitioner, stating that the subject land is Government land and the petitioner was only an occupant. The counter further states that the name of the petitioner was entered as pattadar and enjoyer in the Revenue records for Fasli 1422 and also in ROR 1-B Register with khatha No.86. Pattadar Pass Book and title deeds were also issued in his favour. However, the land was classified as AW-Wet land in the register and the same is treated as Government land since dots (....) are put against the subject land in certain columns of the record. Therefore, the petitioner is not entitled for compensation under the provisions of the Act and, as such, the compensation was not paid to him. The respondents, however, state that the petitioner is entitled for payment of ex-gratia on par with similar persons.
6. I have heard Sri A.V. Sivaiah, learned counsel appearing for the petitioner and the learned Government Pleader for Land Acquisition appearing for respondent Nos.1 and 2, who advanced arguments on the aforesaid lines.
7. The core issues that arise for consideration are,
(i) Whether the claim of respondent Nos.1 and 2 that the subject land is Government land is correct; and
(ii) Whether the petitioner is entitled for compensation as per the provisions of the Act as a pattadar of the land.
8. It is an admitted fact that the petitioner was given Pattadar Pass Book and Title Deeds, identifying him as the pattadar under the ROR Act. Accordingly, the name of the petitioner was mutated in Revenue Records for Fasli 1422 and also in ROR 1-B Register with khatha No.86.
9. In the light of the above facts, it is necessary to refer to certain provisions of the A.P. Rights in Land and Pattadar Passbooks Act, 1971 relevant for the purpose of the case.
10. The Act has been enacted to provide that the Title Deeds issued under the Act duly certified by the concerned Revenue Officer shall be the Title Deed in respect of the owner-pattadar. It shall be the record of right and interest in the land of the person to whom the pass book is issued and it has the same evidentiary value with regard to title for the purpose of creation of equitable mortgage under the Transfer of Property Act as a document registered as per the provisions of the Registration Act, 1908.
11. Under Section 2(7) of the Act " pattadar" includes every person who holds land directly under the Government under a patta whose name is registered in the land revenue accounts of the Government as pattadar and who is liable to pay land revenue. Pattadar is one whose title to the land has been recognized.
12. Under Section 4 of the Act any person acquiring any right as owner, pattadar, mortgagee etc., shall intimate in writing his acquisition of such right to the Mandal Revenue Officer within the stipulated time.
13. Under Section 5 on receipt of intimation the officer shall determine as to whether, and if so in what manner, the record of rights may be amended in consequence therefor and shall carryout the amendment in the record of rights in accordance with such determination. Under Section 5-A a person who is an occupant by virtue of an alienation or transfer made or effected otherwise than by registered document, is entitled to apply to the Mandal Revenue Officer for a certificate that such alienation or transfer is valid. The alienee or the transferee is entitled to do so notwithstanding anything contained in the Act, the Transfer of Property Act, 1882, the Registration Act, 1908 or any other law for the time being in force.
14. The said provision enjoins upon the Mandal Revenue Officer to be first satisfied that the alienation or transfer is not in contravention of the provisions of the A.P. Land Reforms (Ceiling on Agricultural Holdings) Act, 1973, the Urban Land (Ceiling and Regulation) Act, 1976, the A.P. Scheduled Areas Land Transfer Regulation, 1959 and the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. The certificate issued after such enquiry shall notwithstanding anything in contained in the Registration Act be evidence of such alienation or transfer as against the alienor or transferor or any person claiming interest under him. Upon production of certificate the Recording Authority is enjoined with the duty to make any entry in the passbook to the effect that the person whose name has been recorded as an occupant is the owner of the property.
15. There is a statutory presumption in favour of the entry is conferred under Section 6 of the Act until the contrary is proved or until it is otherwise amended in accordance with the provisions of the Act.
16. These provisions cumulatively disclose that a person, who is determined as an owner-pattadar acquires certain rights as such owner-pattadar with a statutory presumption as to his rights in his favour and the rights are not liable to be taken away unless his rights are proved to be otherwise.
17. In the instant case, admittedly the claim of the petitioner was enquired into by the Tahsildar, Muthukur and pattadar passbooks and title deeds were issued to the petitioner duly recording his name as pattadar. The said documents have not been withdrawn nor the entries made therein are altered. The determination of the petitioner as a pattadar has become final.
18. The Revenue Divisional Officer has acknowledged this fact in his report dated 3.06.2012 submitted to the District Collector and the said fact is also borne out by the entries made in favour of the petitioner in the Adangal and 1-B Register with khatha No.86. A veiled attempt made to show that in 1943 the land was assigned to M/s. Nelaturu Subbaiah and Musunuru Venkata Subba Reddy, does not alter the position of the petitioner as the assignments made in 1943 is not shown to be prohibited from alienation. From the aforesaid material it is evident that the petitioner is pattadar of the subject land.
19. The only material which the respondents seek to rely against the petitioner is that in a Revenue Register the land was classified as AW-wet land and in the column against it dots (....) are marked. It is difficult to accept the contention of the respondents that on the basis of such entry the land should be treated as Government land. On more than one occasion, it has been held by this Court that mere entries in the Revenue Records would not constitute proof of the Government's title. (P. Suresh vs. A.P. State - 2009 (3) ALD 802 and K.M. Kamallulla Basha vs. District Collector, Chittoor - 2009 (3) ALD 385).
20. In particular, in Madiga Papamma v. State of A.P.1 and Koona Subbaramaiah Shetty v. State of A.P.2 it is held that dots (.....) in the RSR is not sufficient to support the claim that the lands are not patta lands. Therefore, the claim of respondent Nos.1 and 2 that the land in question is Government land shall fail.
21. For the aforesaid reasons, it is to be held that the petitioner is entitled for compensation for the lands resumed from him. Accordingly, there shall be a direction to the respondents to initiate the process of acquisition and pay him compensation as per the provisions of the Land Acquisition Act, 1894. The whole exercise shall be completed expeditiously within three months from the date of receipt of a copy of this order.
22. Accordingly, this writ petition is allowed. As a sequel, W.P.M.P.No.41805 of 2012 is dismissed as unnecessary. No order as to costs.
________________________ JUSTICE NOUSHAD ALI dated:22-07-2013.