Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 7 and 17 1956 3 Saswatha Patta’ ss.2-A “Peddacheruvu Poramboke (Tank) Andhra Pradesh (Andhra Area) Inams (Abol ition & Conversion into Ryotwari) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Andhra Pradesh (andhra Area) Inams (abolition & Conversion Into Ryotwari) Act, 1956 (37 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | 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 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. |
Judge | Hon'ble Ms. Justice Indira Banerjee Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2019 INSC 364 |
Petitioner | Sarvepalli Ramaiah (died) As Per Lrs And Others |
Respondent | The District Collector Chittoor District And Others |
SCR | [2019] 5 S.C.R. 372 |
Judgement Date | 2019-03-14 |
Case Number | 7461 |
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